Is it permissible for a widow to displease her parents by refusing to go to their home and instead remaining in her deceased husband’s home with her children, given the presence of her husband’s non-mahram brothers who enter and stay overnight in the house? And would she, by doing so, be considered responsible for resorting to the courts regarding the custody of her children?
The wife whose husband has passed away must observe an 'iddah (waiting period) of four months and ten days, unless she is pregnant, in which case her 'iddah ends upon delivery. She must remain in the home where her husband passed away and should not leave it except for a necessity.
After the 'iddah ends, she may obey her father in leaving the marital home, and her husband's brothers have no right to prevent her from doing so. Nor do they have the right to prevent her from custody of her children if she is fit for custody and there is no impediment such as her remarriage.
As for the entry of the husband's brothers into their brother's wife's house, if it leads to khalwah (impermissible seclusion) or impermissible gazing, then it is not permissible, due to the hadith: "Beware of entering upon women." If it does not lead to such, there is no harm, such as when the house is spacious and has multiple facilities.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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