If one intentionally leaves off the waiting period or the mourning period until its time has passed, she does not make it up.
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Fatwa number ( 14157 )
Q: A misunderstanding occurred between me and my husband a year ago, and I went to my parents' house, where I have been residing for a year. Allah decreed that my husband would die, and his family demanded that I observe the waiting period of four months and ten days. However, I refused to observe the waiting period because of my dislike for him. My question is: What is obligatory for me from a Shari'ah perspective regarding my failure to observe the waiting period? If his family demands it from me according to the Shari'ah, is the Shari'ah binding on me to do so? And if I claim my inheritance, can I obtain it? Please inform us, may Allah reward you with good.
A: It is obligatory for a woman whose husband has died to observe a waiting period of four months and ten days if she is not pregnant. Allah the Exalted said:[Al-Baqarah 2:234] This is from the date of death. If a woman intentionally leaves off the mourning period, she is sinful, and she must repent and seek forgiveness. As for inheritance, she inherits from her husband if no divorce has taken place that prevents her from inheriting. If there is a dispute, the reference is the Shari'ah court.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: A misunderstanding occurred between me and my husband a year ago, and I went to my parents' house, where I have been residing for a year. Allah decreed that my husband would die, and his family demanded that I observe the waiting period of four months and ten days. However, I refused to observe the waiting period because of my dislike for him. My question is: What is obligatory for me from a Shari'ah perspective regarding my failure to observe the waiting period? If his family demands it from me according to the Shari'ah, is the Shari'ah binding on me to do so? And if I claim my inheritance, can I obtain it? Please inform us, may Allah reward you with good.
A: It is obligatory for a woman whose husband has died to observe a waiting period of four months and ten days if she is not pregnant. Allah the Exalted said:
And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]
وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًاAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.