Under what conditions can a widow be expelled from the marital home?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The heirs cannot expel the widow unless she commits a clear gross immorality (fahisha mubayyinah), based on the verse: "Do not make them leave their homes, nor shall they themselves leave, except in the event that they commit a manifest immorality" (Quran 65:1). This immorality is interpreted by Ibn Abbas and the majority as abusive language toward her in-laws and causing them harm through insults or similar actions.
Supporting text
Ibn Mas'ud and Al-Hasan held that the immorality refers to adultery (zina), citing Quran 4:15. Their view is that expulsion is for implementing the prescribed punishment (hadd) for adultery, after which she should be returned to her residence. However, the first view maintains that the verse implies expulsion from the lodging, which is not achieved by the interpretation of zina. The term 'fahisha' generally refers to adultery and other reprehensible speech, supported by the hadith concerning Aisha's comment where the Prophet criticized vulgarity in speech.