The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 21 No 03, p.5

years ago a man divorced his wife in court, but never gave her Talaaq.

Question

years ago a man divorced his wife in court, but never gave her Talaaq. Only the civil marriage was cancelled. They lived separately since the past 20 years. The man has now died. What is the ruling of the Shariah?

Answer

The court divorce was not a valid Talaaq. The Nikah therefore remained intact. The wife has to be in Iddat for a period of four months and ten days. She will inherit in the estate of her husband despite the separation of 20 years.

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Published in
The Majlis Vol 21 No 03
PDF page
5

Appears under DIYAT AND KAFFAARAH.

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