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Does a wife still inherit if she remarries?

 

Nasihah (Advice): Leniency & Tolerance in Islam

 

Sayyiduna Anas Bin Maalik Radhiyallahu Anhu says that Rasulullah Sallallahu Alayhi Wa Sallam said:“Be lenient; do not be hard; give solace and do not create aversion.” (Bukhari)

 

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Question and Answer:

 

  1. If a wife remarries after the death of her husband and the estate of her husband was not distributed to her, is she still entitled to it? Or she does not qualify for it because she remarried another husband?

 

  1. At the time of the death of a deceased person, all the heirs of a deceased person are entitled to their share of inheritance from the deceased’s estate, irrespective if the heirs remarry. As such, if a husband is deceased and his wife did not receive her share of inheritance from his estate, she will still be entitled to her share of inheritance from her deceased husband’s estate even though she remarried after his demise. (Ahsanul Fataawa 9/302)

 

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

Confirmation:
Mufti Ebrahim Desai

 

(Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh) 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians

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