What is the required Iddah period for a free Muslim woman whose husband dies, provided she is not pregnant?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The Iddah for a free, non-pregnant Muslim woman upon the death of her husband is definitively four months and ten days. This applies whether consummation (touching) of the marriage occurred or not, and regardless of whether she is mature or a young minor. The basis for this ruling is the statement of Allah: {And those who are taken in death among you and leave wives, they shall wait concerning themselves four months and ten days} (Quran 2:234). Furthermore, the Prophet, peace be upon him, stated: 'It is not permissible for a woman who believes in Allah and the Last Day to mourn for the dead longer than three days, except for a husband, [for whom she mourns] four months and ten days' (Agreed upon).
Supporting text
Some queried whether the verse concerning divorce Iddah (three Quru') is confined to the consummated marriage, suggesting the widowhood verse should likewise be confined. However, the verse regarding divorced women being restricted to three Quru' is specifically limited by the verse: {O you who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you upon them any waiting period to count} (Quran 33:49). The ruling for widowhood cannot be analogously restricted because marriage is a contract meant for life; upon death, its rulings become established, similar to fasting rules upon nightfall. Secondly, in a divorce case, the husband can deny paternity via L'ian (malediction) if the woman bears a child, which is impossible for a deceased man. To prevent a child being attributed to the deceased and to safeguard the widow from acting against the requirements of her Iddah (such as leaving her home), the extended period is established as a precaution.