Is a Divorced Wife Entitled to Her Husband’s Pension?

Fatwa ID: 03865

Answered by: Maulana Moinul Abu Hamza

 

Question

Is a divorced wife entitled to her husband's pension?

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

A divorced woman will inherit from her husband if he dies when she is in iddah from a revocable divorce (talaq Raji’), I.e. during the iddah after the first or second divorce.[1]

 

She will also inherit from him in the case of an irrevocable divorce (talaq ba’in), if he divorced her in this manner during a terminal illness. i.e if he divorced her thrice during his terminal illness. The divorced woman will not inherit, in any circumstances, after the termination of her iddah.[2]

 

Therefore, if you are entitled to inheritance due to falling into the categories above, then the pension and all other wealth would be shared with you and the other inheritors according to the shariah.

 

This entitles the wife to a quarter of the total inheritance in the case where they have no children together or one eighth in the case where there are children.[3]

 

 

Only Allah knows best

Written by Maulana Moinul Abu Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 


[1] Al-Hidayah, Imran Nyazee version, volume 2, page 745

 

[2] Al-Hidayah, page 739

 

[3] Mukhtasar al-Qudoori, Tahir Kiani’s translation, page 709

 

 

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