Does a separated wife inherit from her husband?

Nasihah (Advice): Do not deprive yourself of your inheritance in Paradise

Sayyiduna Anas Bin Maalik Radiyallahu Anhu reports that Rasulullah Sallallahu Alayhi Wasallam said,“Whoever attempts to dent the inheritance due to his heirs, Allah will deprive him of his inheritance in Paradise on the Day of Resurrection.” (Ibn Majah)

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Question and Answer:

1. My father has two wives. He has separated form his second wife and his children from his second wife. If my father passes away, does his second wife and her children from him inherit from my father?

(Question published as received)

1. As long as a husband is married to his wife/wives i.e. they were not divorced from him when he passed away, all his wives will inherit from him upon his demise, irrespective if he had separated from them during his lifetime.

As for his children, all of them will inherit from him even if he had divorced any of his wives.

And Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

Confirmation:

Mufti Ebrahim Desai

Fatwa Department
Jamiatul Ulama (KZN) 
Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

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