Is a widow have any share in the house of his father in law which was bought by the forefathers of her husband.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Is a widow have any share in the house of his father in law which was bought by the forefathers of her husband.

 

If yes then what is the percentage?

 

She has not married again and living under the guidance of her brother in law along with her three children (2 girls and 1 boy).

 

please reply me.

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Widow inheritance from in laws

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-13:

11      Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half.  For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth.  (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit.  These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.

12      In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts.  In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts.  If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone).  Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13      Those are limits set by Allah: those who obey Allah and His Apostle will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

 

Under normal circumstances, a believer in Shariah is a legal heir and has been prescribed a share from the inheritance left behind by their spouse, their parents, and their children; and some specific cases from their blood relatives like their uncles, aunts, brothers, sisters, etc who are survived by neither descendants nor ascendants.

 

A deceased son’s wife (widow) nor a deceased daughter’s husband (widower) are not amongst the legal heirs in Shariah, and neither are entitled to any share whatsoever of the inheritance left behind by their deceased in-laws.

 

Your Question: Is a widow have any share in the house of his father in law which was bought by the forefathers of her husband.

In what ye (husbands) leave their (the wife’s) share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. (Baqarah:12)

 

A widow is indeed entitled to a share of the inheritance from the property which belonged to her deceased husband; but she would not be entitled to inherit anything from the property which belongs to her father-in-law, or any other blood relative of her deceased husband, absolutely regardless of whether she has married again or not, or whether she has off-spring or not.

 

The widow is entitled only to a percentage of the inheritance left behind by her deceased husband; 1/4th if they have no children from the marriage, and 1/8th if the couple have children.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 

 
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