Inheritance of wife.
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:
Dear
Brother in Islam, Please guide me on this issue. A man had his wedding in a
town 50KM away from his home town, immediately after the wedding Fatiha he
jumped in to his car and headed for home. On his way back he had an accident
and died instantly. will the woman he
wedded to some few minutes ago be entitled to inherit him? brothers
please guide in Allah's way.
(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:
Inheritance of wife
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 verses 11-14:
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 Messenger will be admitted to Gardens with rivers flowing
beneath to abide therein (for ever) and that will be the Supreme achievement.
14 But those who disobey Allah and His Messenger, and transgress His
limits will be admitted to a Fire to abide therein: and they shall have a
humiliating punishment.
If the woman was legally married to the man at the time of
his death, absolutely regardless of the duration of the marriage, at the death
of the husband the widow will be entitled according to Shariah Law to receive 1/4th or 25% of the wealth left
behind by her husband as her lawful share of the inheritance of her deceased husband.
Thus if the husband died even a moment after the ‘nikaah’,
she will be considered a legal heir of her husband’s property according to
Shariah Law and she will be lawfully entitled to receive 1/4th of
the wealth left behind by her deceased husband.
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
