Legal Rulings on the Widow،s Departure During the،Iddah of Death and Her Residence in the Marital HomeA Comparative Jurisprudential Study Across the Four Schools of Law and the Zaydi and Imami Schools

 This study explores the jurisprudential rulings concerning the widow’s departure from her marital home during the ‘iddah (waiting period) following her husband’s death. It addresses a significant legal issue that reflects Islamic law’s concern for preserving marital bonds and safeguarding the family structure as the foundation of society. The research aims to clarify the concept, legitimacy, causes, timing, and duration of the ‘iddah, while analyzing scholarly opinions on the permissibility of the widow’s departure and the obligations of her residence.

The study adopts a comparative jurisprudential approach across the four schools of law and the Zaydi and Imami schools, relying on authoritative legal sources and recognized evidences. Methodologically, it integrates inductive analysis to survey juristic views, comparative analysis to highlight areas of consensus and divergence, and deductive reasoning to determine the most preponderant rulings.

The research is structured into three sections: the first defines the ‘iddah and its rationale; the second examines the ‘iddah of death in terms of cause, timing, and duration; and the third discusses the widow’s residence, her right to leave, and related legal implications.

Findings confirm consensus on the obligation of ‘iddah and the principle of remaining in the marital home, with allowances for daytime outings when necessary.