The waiting period after a husband's death or divorce, during which a widow's status is defined.
In Islamic law
A widow observes an 'iddah of four months and ten days. Relevant to inheritance because a wife who is within a revocable divorce's waiting period at the time of death generally still inherits.
In Canadian law
No Canadian analogue, but the underlying question — whether a separated or divorced spouse still inherits — very much exists. In Ontario, a married spouse separated with no reasonable prospect of reconciliation loses intestate inheritance rights, and divorce revokes gifts to a former spouse in a will.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Separated spouse intestacy rights ontario
- Stepchildren inheritance rights ontario no will
- Matrimonial home rights when separated
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill
- Oxford Islamic Studies / Oxford Reference — Oxford University Press
- Separated spouse intestacy rights ontario — Treadstone Law
- Stepchildren inheritance rights ontario no will — Treadstone Law
- Matrimonial home rights when separated — Treadstone Law
- Stepchildren inheritance rights intestacy ontario — Treadstone Law
- Wills & estates practice — Treadstone Law