What is the Islamic ruling on paying a wife’s deferred dowry from her deceased husband's entitlements before its distribution among the heirs?
We are a petroleum services company and one of our employees has recently passed away. Following his death, his wife submitted a request to the company accompanied by their marriage certificate, which states that her deferred dowry amounts to twenty thousand Egyptian pounds. She also provided a death certificate and an inheritance certificate, confirming her legal status as one of the heirs. She is requesting that the company settle the amount of her deferred dowry from her late husband’s financial entitlements which include his net entitlements, end-of-service gratuity, group insurance compensation, and funeral grant prior to distributing the remaining entitlements among the heirs. In light of this, we respectfully request a fatwa to determine whether the deferred dowry may be deducted from the late husband’s entitlements.

The aforementioned entitlements constitute part of the deceased husband’s estate if they are confirmed as his rights that were due during his lifetime but whose payment was delayed until after his death. If he left no other assets and the wife had not received her deferred dowry during his lifetime or had not waived her right to it, then she may rightfully claim it from his estate before it is distributed among the heirs, provided that all legal procedures stipulated in the Law on Guardianship of Minors’ property are observed and enforced through the Public Guardianship Authority. Afterwards, the remaining estate is to be divided among his legal heirs in accordance with their respective shares.

However, if the deceased had other assets besides these entitlements that equal or exceed the deferred dowry, then the dowry amount should not be deducted from these entitlements unless all the heirs unanimously consent to this, or a judicial ruling permits the deduction.

On the other hand, if these entitlements are benefits granted by the company to specific individuals as stipulated in its internal regulations, and the deceased was not entitled to them during his lifetime, then they do not constitute part of his estate. In that case, the benefits belong to the individuals specified by the company in accordance with its chosen method of allocation.

The estate
It is established in Islamic law that the estate constitutes whatever property or rights a person leaves behind after death. The death of a person triggers the heirs' entitlement to their shares. The time of death is the distinguishing factor between the estate and other property. Anything owned by the deceased before death becomes part of the estate after deducting debts and any bequests. However, what was not owned or owed to the deceased during his lifetime, such as end-of-service gratuity, insurance compensation, or funeral expenses, is not considered part of the estate. Rather, such benefits are viewed as donations to the deceased’s family or others, in accordance with the rules of the granting entity, since they were not owned by the deceased before death.

The deferred dowry
The deferred dowry constitutes part of the wife’s obligatory mahr (bridal gift), which is a legal effect arising from a valid marriage contract. It cannot be denied or withheld from the wife, as it is mandated by Islamic law. The deferred portion of the mahr becomes payable upon an irrevocable divorce, the completion of the waiting period following a revocable divorce, or the death of the husband—whichever occurs first. This is mentioned in Al-Baḥr al-Ra’iq by the Hanafi scholar Ibn Nujaym.

Therefore, the wife becomes entitled to the deferred dowry upon her husband’s death, and it must be deducted from the estate before its division among the heirs, as it is a debt upon the estate. However, this debt is not linked to a specific portion of the estate; rather, it applies to the estate as a whole, provided the estate exceeds the value of the deferred dowry. This is because every part of the estate is equally liable for the debt, so no portion may be prioritized over another in its settlement. Consequently, the wife may demand her deferred dowry from all the heirs without specifying a particular portion of the estate toward its payment. If the estate does not exceed the amount of the deferred dowry, then the entire estate is entirely subject to it, and the wife may claim her full dowry from it. Imam Fakhr al-Deen al-Zaylaʿi stated in Tabyeen al-Ḥaqa’iq, “Every part of the estate is liable for the debt, so no part may be given priority over another in its allocation.  

The ruling

Based on the above, if the entitlements mentioned in the question are rights belonging to the deceased husband that were established during his lifetime but remained unpaid until his death, then they are considered part of his estate. If he left no other property and the wife had not received her deferred dowry nor waived her right to it before his death, she may rightfully claim it from the estate before its distribution—subject to the legal procedures stipulated by the law on guardianship over the property of minors, enforced by the Public Guardianship Authority. Only then may the rest of the estate be distributed among the rightful heirs, each in accordance with their respective shares.

However, if the deceased husband had other assets other than these entitlements that are equivalent to the deferred dowry or exceed it, then the dowry cannot be deducted from these entitlements unless all heirs consent or a judicial ruling permits the deduction.

And if these entitlements are benefits granted by the company to specific individuals based on its governing regulations, and the deceased was not entitled to them during his life, then they are not considered part of his estate. Instead, they belong to the individuals designated by the company in accordance with its distribution policy.

And Allah the Almighty knows best