Friday, November 17, 2017 - 29 Safar 1439

Subscribe to our mail list

Home » Fatwas » Society & Family » Inheritance

Is the deferred portion of the mahr considered a debt that is to be deducted from the estate of the deceased? What is the ruling for the gold jewelry that my husband borrowed from me?

Is the deferred portion of the mahr considered a debt that is to be deducted from the estate of the deceased? What is the ruling for the gold jewelry that my husband borrowed from me?

Answer

The deferred portion of the mahr [dowry] is considered a debt that a wife must take from her husband's estate before its division. The remainder is then proportionally divided among the legal heirs.
If it is proved that the husband had borrowed gold jewelry from his wife, then this gold is a debt on the estate which she is to take before its division. God the Almighty says: “(The distribution in all cases is) after the payment of legacies and debts” [4: 11].
The wife must receive the gold in its original weight and not its value at the time it was loaned.

And God the Almighty knows best.

 

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?