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Does a spouse inherit if the marriage is not consummated?

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Nasihah (Advice): Remarrying after a husband’s death

 

Subai’a Al-Aslamiya Radhiyallahu Anha gave birth to a child a few days after the death of her husband. She came to Rasoolullah Sallallahu Alayhi Wasallam and asked permission to remarry. Rasoolullah Sallallahu Alayhi Wasallam gave her permission, and she remarried. (Bukhari)

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Question and Answer:

 

  1. Does a woman inherit from her husband if her husband passes away before consummating the marriage?

 

  1. After the performance of Nikah between husband and wife, the consummation of the Nikah is not necessary for the wife or husband to be entitled to inherit from each other’s estate. The performance of Nikah is sufficient for husband and wife to inherit from each other’s estate.

 

Accordingly, if husband and wife were married in Nikah and irrespective if the Nikah was consummated or not, the husband or wife will be entitled to the inheritance of their respective spouse in the event of death. (Shaami 6/762)

 

 

And Allah Ta’ala Knows Best


Mufti Ebrahim Desai

 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa

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