Question: I have been married to a Muslim man for two months but my husband had an accident and died two weeks ago. My question is, according to Sharia law, do I have the right to inherit from my husband, knowing that the consummation of marriage did not take place? Do I have an Idda, how long is the waiting period, and when can I get married again? What are the papers required for a new marriage? Please advise
Answer: You have the right to inherit from your dead husband. As for your Idda [waiting period before remarrying], Article 138 of the personal status law states that the duration of the waiting period, for the woman whose husband from a valid marriage died, even before consummation of the marriage, is four months and 10 days unless she is pregnant. This means that you will be able to get married to another man after the Idda mentioned. The papers required for new marriage are the same of any marriage but you need the death certificate of the deceased husband. A pre-marital screening certificate for the couple should be issued from the concerned public healthcare facilities in the UAE.
The following are some key legal requirements for Muslim marriages:
· Marriage contract needs to be registered in a Sharia court in the UAE.
· A premarital screening certificate is needed.
· Attendance of the couple is required. In Dubai, at least one party to the marriage contract (husband, wife) should have a residence visa in the UAE
· Attendance of the bride’s father or his proxy and two male Muslim witnesses are required. For a woman to get married, she needs the consent of her guardian.
· In case of father’s death, the presence of the next closest male guardian, i.e. closest kin such as elder brother is required.
· Divorced and widowed women must produce a proof of the status.
