What is the ruling regarding the inheritance of a woman who was divorced by khulʿ while in her ʿidda? A man passed away on 21 July 2017, survived by his mother, father, son, daughter, and wife who had been divorced by khulʿ on 19 June 2017. The deceased left no other heirs besides those mentioned above nor any descendent entitled to a wasiya wajiba, a binding will. Is the wife who was divorced by khulʿ entitled to inherit? And what share does each heir receive?

It is established in Islamic law that a talaq ba`in (a form of divorce agreed upon by both spouses regarding the settlement of the wife’s rights) or khulʿ terminates the marital bond. As such, a woman divorced through either talaq ba`in or khulʿ is not entitled to inherit from her former husband, even if she is still in her ‘idda (waiting period). This ruling is based on the fact that the separation was initiated at her request and with her consent, in accordance to Article No. 11 of Law No. 25 of 1944 concerning inheritance.

Therefore, upon the death of the deceased who was survived by only the heirs listed above, the distribution of the estate is as follows:

• The mother receives one-sixth of the estate as an obligatory share, due to the presence of an inheriting descendant.
• The father receives one-sixth of the estate as an obligatory share, due to the presence of the above-mentioned male inheriting descendant.
• The remainder of the estate, after the allocation of the two sixths, is to be distributed between the son and daughter as universal heirs, with the male receiving the share of two females, since no other heirs entitled to obligatory shares are present.

And Allah the Almighty knows best.