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:

Assalamualikum

one of my causin got marred ,but didn,t bring her wife home, they planned to have program later. but within two month he died. they used to go out together but as far as i know they didnot live together. his wife decided not to get married again. my question is what sort of right she deserve from his husband ,belongings, even mohrana which she said forgiven. her parents in law are farely rich. what sort of treatment she deserve from her husband, family.

 

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Answer:

 

Husband dies before ruksati

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 2 Surah Baqarah verse 237:

237    And if ye divorce them (your wife) before consummation but after the fixation of a dower, for them then the half of the dower (is due to them) unless they (the wife) remits it.

 

If the ‘nikaah’ was performed between the couple, and the couple did not meet in private nor conjugate their marriage…..if the husband in such a condition divorces his wife or dies, the wife is entitled to half the determined ‘mehr’ amount, unless she of her own will chooses to forgive all or a part of it.

 

But if after the ‘nikaah’, the couple met in private or consummated their marriage, the wife will be entitled to receive the full ‘mehr’ amount, unless she of her own will chooses to forgive all or a part of it.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 12 (part):

12      ……  In what ye leave their (the widow’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.

 

Absolutely regardless of whether the couple consummated the marriage or not, as long as the couple were united in the sacred bond of ‘nikaah’, the widow will be entitled according to Shariah Law to a fourth or 25% of the wealth left behind by her deceased husband as her share of inheritance.

 

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