In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

Does a woman who has had her nikkah done but hasn’t consummated the marriage have an ‘Iddah (waiting) period if her husband passes away or divorces her?

📝 The answer:

If her husband passes away, then she must wait the waiting period of the ones whos husband passes away, due to the Hadith of Ma’qil bin Sinan al-Ashja’i (رضي الله عنه) that the Prophet (ﷺ) judged with this. Ibn Mas’ud was asked about a woman whos husband has passed away whilst he hadn’t consummated the marriage, and he had’nt given her any Dowry, so he said:
عليها العدة ولها الميراث ولها مثل مهر نسائها لا وكس ولا شطط
“She must observe the 'Iddah and she is entitled to inherit. She should have a Mahr like that of women like her, no less and no more”.
And so Ma’qil bin Sinan said:
قضى النبي صلى الله عليه وسلم في بروع بنت واشق مثل الذي قضيت
"The Messenger of Allah passed a similar judgment among us concerning Birwa' bint Washiq."
Reported by Ahmad with an authentic chain of transmission.

As for if she was divorced, then a divorced woman who has not consummated the marriage does not have an ‘Iddah period, Allah (تعالى) stated:
{يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَـٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍۢ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًۭا جَمِيلًۭا}
“O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no ‘Iddah have you to count in respect of them. So, give them a present, and set them free (i.e. divorce), in an honourable manner.

Original Fatwa:
https://t.me/ibnhezam/15852

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#Fatwas_on_waiting_period_iddah

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