What is the ruling regarding inheritance and waiting period for a woman divorced three times before consummation, based on explicit Quranic texts?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 2 · Bab 5

Open in Qurani

Primary text

The definitive ruling excludes inheritance and a waiting period, granting only half the stipulated dower. This position is supported by the explicit texts of the Quran. Regarding the dower, Allah states that if divorce occurs before touching the wife after fixing the dower, she receives half of what was stipulated (Quran 2:237). Furthermore, Allah states that for believing women whom one marries and then divorces before touching them, there is no waiting period incumbent upon them (Quran 33:49). It is impermissible to contradict the clear text of the Book with personal opinion or arbitrary judgment. Regarding inheritance, she is neither a wife nor one observing a waiting period stemming from a valid marriage, thus resembling a woman divorced after proper consummation (in terms of inheritance rights).

Supporting text

Abu Bakr chose the opinion where she receives full dower, inheritance, and observes the waiting period. Al-Hasan also held that she inherits.