Fatwa: # 15524
Category: Inheritance (Irth)
Country: South Africa
Date: 11th August 2007

Title

Is she entitled to inheritance if they were divorced via the court?

Question

My brother passed away. He had two sons and was divorced. My mother is still alive. The following problem has resulted after my brother’s death.His –ex-wife claims they were only divorced from a western perspective and my brother did not issue taalaq. The divorce proceedings in the courts were initiated by his ex-wife. Originally my brother opposed the divorce in the court, however he subsequently changed his mind and agreed to the divorce. He signed the necessary papers and also abided by the divorce order. He gave his ex-wife half the house and agreed to pay maintenance for the children. My brother and his wife have not been living together for at least ten years.The question is, are they divorced from an Islamic perspective?  

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

Your brother signing the court divorce initiated by his wife does not constitute a talaq. His estranged wife will be an heir of his estate.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]