Jamiatul Ulama KZN Council of Muslim Theologians
Nasihah (Advice): Equality amongst one’s Wives
Sayyiduna Abu Hurayrah radiyallahu anhu reported that Rasulullah (sallallahu alayhi wa sallam) said, “When a man has two wives and he is not just between them, he will come on the Day of Qiyamah with one side drooping.” [Sunan Tirmidhi]
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Question and Answer:
- My father has two wives. He has separated from his second wife and his children from his second wife. If my father passes away, will his second wife and her children from him inherit from my father?
- If 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, regardless of any separation that may have occurred during his lifetime.
Regarding his children, all of them are entitled to inherit from him, irrespective of whether their mother was divorced by him.
N.B. The Jamiatul Ulama KZN offers a free service to the public to assist Muslims with their Islamic Wills. We can advise you and answer questions relating to your Will, inheritance, and any proposed estate planning, to ensure that your arrangements are valid according to Shariah. We encourage Muslims to attend to these matters during their lifetime and not leave them until it is too late. To arrange an appointment, please contact the Jamiatul Ulama KZN office on 031 207 7099.
Islamic Wills are also available to download here.
And Allah Ta’ala Knows Best
Mufti Muhammed Hamza Farooqui
Mufti Taahir Hansa
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)
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
