Monday, November 20, 2017 - 2 Rabi' al-Awwal 1439

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Is the deferred bridal dowry included in the estate of the deceased?

My husband passed away. He is survived by me, a daughter, mother and full siblings. I am owed a deferred dowry in the amount of 5000 LE. What is the share of each heir and what is the legal ruling for the deferred dowry?

Answer


The deferred dowry is a debt owed to the wife which must be fulfilled before the division of the estate and anything beyond this is considered an inheritance to which the heirs of the deceased, including his wife, are entitled. The estate is to be divided as follows:
• The wife receives one-eighth of the estate as an obligatory share.
• The mother receives one-sixth of the estate as an obligatory share due to the presence of an inheriting descendant.
• The daughter receives one half of the estate as an obligatory share because she is the only descendant and does not have a brother through whom she becomes a co-universal heir.
• The siblings receive the rest of the estate, each male receiving twice the amount of each female, as universal heirs since there is no other heir who has an obligatory share or a closer agnate.
The estate is divided into twenty-four fractions: the wife receives three, the mother four,
the daughter twelve and the siblings five, each male receiving twice the amount of each female. The estate of the deceased is divided as mentioned above if:
• The case is as mentioned in the question.
• There are no other heirs apart from those mentioned in the question.
• The deceased does not have an inheriting descendant who is entitled to an obligatory bequest.

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