What is the required waiting period for a woman who is irrevocably divorced, but belongs to a category that does not inherit from her husband?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If the irrevocably divorced woman does not inherit from her husband—such as a female slave divorced by her master, a free woman divorced by her slave husband, a non-Muslim woman divorced by a Muslim man, a woman who obtained a Khul', or one whose marriage was dissolved through an act that invalidates the marriage—she is not required to observe a waiting period due to his death, whether he died during her waiting period or afterward. This follows the analogy that the obligation to switch to the widowhood period is contingent upon her inheritance, which she lacks in these cases, thus resembling a divorced woman whose waiting period has concluded.
Supporting text
For the woman who was divorced while the husband was healthy (not terminally ill) and is now irrevocably divorced, she completes the divorce waiting period and does not observe the waiting period for widowhood. This is the position of Malik, al-Shafi'i, Abu Ubayd, Abu Thawr, and Ibn al-Mundhir. This is supported by the verse: "And divorced women shall keep themselves in waiting for three periods of purity." (Quran 2:228), and because she is a non-relative concerning his marriage, inheritance, and remarriage permissions.