Language Options:

faq2hubungi2maklumbalas2peta2

IRSYAD AL-FATWA SERIES 154 : THE RULING OF A WOMAN PERFORMING UMRAH DURING HER ‘IDDAH PERIOD AFTER HER HUSBAND DIED

154 pic

Question:

What is the ruling for a woman performing umrah during her ‘iddah period after her husband died?

 

Answer:

Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.

The ‘iddah duration for a woman whose husband died is 4 months and 10 days and the ruling of mourning is included in the ‘iddah duration. This is in accordance with the statement of Allah SWT:

وَٱلَّذِينَ يُتَوَفَّوۡنَ مِنكُمۡ وَيَذَرُونَ أَزۡوَٰجا يَتَرَبَّصۡنَ بِأَنفُسِهِنَّ أَرۡبَعَةَ أَشۡهُر وَعَشۡراۖ

“And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days].”

Surah al-Baqarah (234)

If the woman whose husband died is pregnant, then her ‘iddah duration would be until she gives birth to the child. Allah SWT states:

وَأُوْلَٰتُ ٱلۡأَحۡمَالِ أَجَلُهُنَّ أَن يَضَعۡنَ حَمۡلَهُنَّۚ

“And for those who are pregnant, their term is until they give birth.”

Surah al-Talaq (4)

During ‘iddah and mourning of a husband, a wife is prohibited from going out of her house unless if there are exigent circumstances or for a necessity. This is in accordance with the words of the Prophet PBUH to Furay’ah binti Malik bin Sinan, when she asked whether she could go back to her family’s house, Bani Khudrah when her husband died. The Prophet PBUH answered:

امْكُثِي فِي بَيْتِكِ حَتَّى يَبْلُغَ الْكِتَابُ أَجَلَهُ

"Stay in your house until the term prescribed is fulfilled."

Sunan Abu Daud (2300) and Sunan al-Tirmizi (1204)

Furay’ah R.Anha then completes her iddah of 4 months and 10 days and during the rule of Caliph Uthman bin ‘Affine RA, he sent someone to ask her about the incident and she recounted her meeting with the Prophet PBUH and Caliph Uthman RA followed the ruling set by the Prophet PBUH.

Al-Imam al-Khattabi Rahimahullah states that from the above hadith, a woman who lost her husband (her husband died) should complete her ‘iddah in her husband’s house with the exception of exigent situations or a necessity. This is the opinion of al-Imam Malik, al-Thauri, al-Syafi’e, Ahmad and Muhammad bin al-Hasan Rahimahullah. (See Ma’alim al-Sunan. Al-Matba’ah al-‘Ilmiyyah, 3/287)

The same is said by al-Imam Ibn Abd al-Bar Rahimahullah in his book al-Istizkar, where a woman whose husband has died should complete her ‘iddah in the house where they used to live together, regardless whether it is the husband’s or the wife’s house. The woman is prohibited from completing her ‘iddah in other houses and this is the opinion of al-Imam Malik, al-Syafi’e, Abu Hanifah and his followers, al-Thauri, al-Auza’ie, al-Laith bin Sa’ad and Ahmad bin Hanbal Rahimahullah. (See al-Istizkar. Dar al-Kutub al-‘Ilmiyyah, 6/214)

According to the Quranic and prophetic evidences, scholars have agreed that it is prohibited for a woman whose husband has died from going out of her house and she has to stay in her house until her ‘iddah is completed.

Conclusion

From the above discussion, it is prohibited for a woman to go out of her house during her ‘iddah unless there is an emergency or a necessity that is permissible in syara’. Thus, it is prohibited for the woman to perform umrah before she completes her ‘iddah after her husband’s death. Umrah is a worship that can be performed at any time, hence, it could be performed after her ‘iddah.

The same ruling is applied for hajj. Scholars of the four mazhab have agreed that a woman whose husband has died is prohibited from going out of her house. This is as narrated by Umar and Uthman R.Anhuma. Furthermore, there is a narration from Mujahid from Sa’id bin al-Musayyib where Umar RA had called back women whose husbands have died from performing hajj when they were in Zu al-Kulaifah, until they completed their ‘iddah in their houses. (See al-Mughni. Maktabah al-Qaherah, 8/168 & al-Majmu’. Dar al-Fikr, 18/172-173)

According to the book Soal Jawab Ibadah Haji, Umrah dan Ziarah (Questions Regarding Hajj, Umrah and Pilgrimage) published by Guidance Division, Lembaga Tabung Haji, if a woman has obtained permission from her husband to perform hajj but before she departs, her husband died, then she is prohibited from performing hajj for syarak prohibits her from going out of her house. (See Soal Jawab Ibadah haji, Umrah dan Ziarah. Published by Bahagian Lembaga Tabung Haji. Updated in 2015. pg. 13)

However, if the woman still went to perform umrah, then her actions are prohibited and sinful, but her umrah is still valid.

Wallahua’lam.