The Three Scenarios
1. He Died During the Iddah of a Revocable Talaq
A first or second talaq is revocable. If your husband pronounces a single talaq and then dies while you are still in your iddah, under Hanafi fiqh (the majority Pakistani view) you are entitled to inherit from him as you are still technically within the marriage. You also observe iddah as a widow (4 months 10 days) rather than a divorcee.
2. He Died After Iddah Was Complete
If your divorce iddah had already concluded before his death, the marriage was dissolved — you are a divorcee, not a widow, and do not inherit from him.
3. He Pronounced Three Talaqs (Irrevocable)
Three talaqs immediately dissolve the marriage under Hanafi fiqh. If he then dies, you are a divorcee, not a widow, and do not inherit from him. Your iddah would be the divorce iddah (three menstrual cycles).
This requires case-specific Islamic and legal advice. Do not make assumptions — the details matter significantly. Contact an Islamic scholar and a family law lawyer as soon as possible.
Pakistani Law's Approach
Under the Muslim Family Laws Ordinance 1961, talaq takes effect 90 days after Union Council notice (unless revoked). If he dies within this 90-day period, courts have generally treated the marriage as subsisting — meaning you may have widow's rights. Get legal advice specific to your situation.
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