What is the required waiting period for an irrevocably divorced woman whose husband dies during her waiting period?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If an irrevocably divorced woman dies during her waiting period, she must complete the remainder of the waiting period prescribed for divorce. However, if the divorce occurred during his terminal illness, she must observe the longer of the two prescribed periods: the waiting period for widowhood or three menstrual cycles (Quru'). This view is held by Ahmad, al-Thawri, Abu Hanifa, and Muhammad bin al-Hasan. The primary evidence supporting the obligation to observe the widowhood period in this specific case (divorce during terminal illness) is that she is an heir to him, necessitating the widowhood period, similar to the revocably divorced woman, while also being obligated to complete the divorce period.
Supporting text
Malik, al-Shafi'i, Abu Ubayd, Abu Thawr, and Ibn al-Mundhir maintain that she only completes the remainder of the divorce waiting period, arguing that since she is irrevocably separated from the marriage, she is not considered his wife at the time of death, and thus does not observe the widowhood period.