02/05/2026
Question:
If the waiting period (iddat) of 90 days is not completed and the husband passes away, will the wife be considered an heir to his estate?
Answer / Supreme Court Judgment:
A man named Shah Bakht Rawan from Swat sent a written notice of triple divorce (talaq-e-biddat) to his wife, Musarrat, on August 27. Before the completion of the three-month iddat period, Mr. Rawan passed away on October 3.
After his death, his mother filed a case in the civil court on behalf of herself and the children, claiming that the entire inheritance should be transferred to them, excluding Musarrat. Their argument was that Rawan had already divorced her during his lifetime by pronouncing three divorces, thereby terminating the marital relationship, so she was not entitled to any share in the inheritance.
Upon learning about the case, Musarrat also became a party to the proceedings. She argued that although she had been divorced, her iddat period had not yet been completed; therefore, she was still legally his wife and entitled to her share as a widow.
The civil court rejected Musarrat’s claim. She filed an appeal in the district court, which was also dismissed. She then approached the Peshawar High Court.
The High Court held that inheritance opens upon the death of a person. Since 90 days had not passed after the divorce, and under Section 7 of the Muslim Family Laws Ordinance, 1961, a divorce becomes effective only after 90 days, the court accepted Musarrat’s position and ruled that she was entitled to her lawful share as a widow.
The other heirs challenged this decision in the Supreme Court. A three-member bench, headed by Chief Justice Yahya Afridi, heard the appeal, and Justice Shakeel Ahmad authored the judgment.
The appellants argued that since three divorces had been pronounced, the divorce became effective immediately on August 27. They further contended that the husband’s death before the completion of iddat eliminated any possibility of reconciliation; therefore, Musarrat was no longer his wife and had no right to inheritance.
The key legal question before the Supreme Court was:
"If a husband dies during the iddat period following a triple divorce (talaq-e-biddat), is the wife entitled to inherit from his estate?"
The Supreme Court held that in Islam, marriage (nikah) is a civil contract, not merely a spiritual bond as in Christianity. Quranic teachings emphasize that marriage is a relationship based on love, compassion, and mutual support.
The Court explained that there are three forms of divorce: Ahsan, Hasan, and Biddat (instant triple divorce). It observed that talaq-e-biddat is not supported by the Quran or Hadith; rather, it was recognized during the caliphate of Hazrat Umar (RA) as a deterrent against misuse of divorce.
The Court further noted that Quranic injunctions require a period for reconciliation after divorce, which talaq-e-biddat eliminates. Therefore, it is contrary to the spirit of the Quran.
According to the judgment, different Islamic schools of thought also differ on this issue:
The Ja'fari, Shafi‘i, and Maliki schools do not accept talaq-e-biddat as valid.
The Hanbali school, in some cases, considers it as a single divorce.
Due to these differences, lawmakers enacted Section 7 of the Muslim Family Laws Ordinance, 1961, which provides that any divorce—whether single or multiple—does not become effective until 90 days have passed. During this period, the marriage remains intact, and reconciliation efforts must be made. This provision aligns with Quranic principles.
The Court emphasized that one of the key purposes of iddat is to allow reconciliation, which is defeated by instant triple divorce.
The Supreme Court also referred to the Rahmat Bibi case (1988), where it had already held that if a husband dies during the iddat period, the wife is not deprived of inheritance.
Accordingly, in this case, since the 90-day period had not elapsed, the triple divorce pronounced by Rawan was not legally effective. Therefore, Musarrat remained his lawful wife at the time of his death and was entitled to her share in the inheritance.
The Supreme Court dismissed the appeal filed by the other heirs.
