Friday, November 17, 2017 - 29 Safar 1439
Home » Fatwas » Society & Family » Inheritance

Is my abusive husband entitled to inherit my money after my death?

I was married to a man for 20+ years and had 2 children (now ages 26 and 21). I worked all my life and saved money for my children. I got divorced 5 years ago and re-married a man 10 years younger than me. He mistreats me and most of the time, no money/no job (bad choice). I spent a lot of my money on our living expenses. Since my marriage to him, he has contributed to less than 5-10% of expenses and I paid and continue to pay the other 90-95%. My understanding is that a woman's money earned from a job is hers and that if she "volunteers" to help with the living expenses, it's her choice and that it's not mandatory. In Islam, the woman's money can not be touched or demanded by the husband. Assuming this is true, and the fact that my current husband does not provide for me as he should according to Islamic law, when I die, does he inherit money I saved for my children during the 20 years I was not married to him? Does he have a right to any of my money when I die?

Answer

Conjugal rights are mutual

It is obligatory for the husband in the Shari'ah [Islamic law] to provide for his wife and it is permissible for her to demand her right to expenses.

It is legally permissible for a wife to ask for a divorce if her husband does not provide for her because, in marriage, rights are mutual.

If you are still married at the time of your death, your husband will be entitled to inherit you because he is your spouse.

It is permissible to dispose of your property during your life and distribute it as you wish but not include it in a bequest [to be implemented after your death).
 

Related links
» Can a Muslim inherit from his/her non-Muslim family?
» Is it permissible for a father to give a large portion of his property to only one of his children?
» Inheriting through a binding will
» Sons inheriting without having any knowledge about Islam
» Can women receive equal inheritance shares like men?