Q: I have a query about the giving of property.
About 2 years ago, we came to know that my father had taken a second wife, in secret. This nikah had already been performed a year prior to us coming to know. When this happened, my father gave our house to my mother. We formulated a document to officiate it. This is the wording of the document:
I, So and so, ID no so and so have given my wife so and so ID no so and so ownership of property address and vehicle registration number so and so, on Wednesday 19/06/2024. The contents of property will also be transferred to my wife, with the exclusion of certain items documented on page two/2. Upon transfer, All future rates, maintenance and associated expenses will be covered by myself in full.
My father signed this, and it was witnessed and signed by his 3 adult, sane children. 1 male, and 2 females. My mother also signed. This property is still in my father’s name.
After about a year, that nikah had ended in divorce. My father is saying now, that since that nikah ended, he will not be giving the above property and vehicle to my mother. The only reason he was going to give it was if he had 2 wives.
Islamically, who does the property belong to?
2. There is also another thing that I wish to query. We are Hanafi. The ex second wife is a Shaafi. She is around 40, and menopausal according to my father. He does not have any children from her. What is the duration of her iddat, and does it affect the inheritance laws in any way?
A:
1. If he did not gift her all the items in the house, but rather he retained the ownership of some items for himself, then the gifting of the house was not valid. Therefore, when the gifting of the house was not valid, he is still the owner of the house.
2. If she does not experience haidh, then according to the preferred opinion in the Shaafi Mazhab, she will remain in iddat until she experiences haidh or she reaches the age of menopause (i.e. she reaches the age of 62 lunar years).
However, if this is difficult, then she can practice on the other view of the Shaafi Mazhab that she should wait for nine months. If she does not experience haidh in the nine months, then she will calculate her iddat as three lunar months (i.e. after the nine months). Hence, when twelve months pass from the time she was divorced, her iddat will end.
And Allah Ta'ala (الله تعالى) knows best.
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