Rights of a wife whose husband dies...

Egypt's Dar Al-Ifta

Rights of a wife whose husband dies before consummating marriage


t no. 793 for the year 2008 which includes the following:
My son-in-law passed away before consummating his marriage [to my daughter]. What are the rights entitled to my daughter regarding the items listed in the registry of furniture which includes the shabka he gifted her, the things each of them bought? What is her rightful share in his estate? He does not have children from another wife.



Concerning a wife's right to inherit from her husband, Allah the Almighty says,And for the wives is one fourth if you leave no child. [Qur`an 4: 12]
This applies to anyone who concludes the marriage contract without consummating it. This is because the marriage of the two parties is verified by virtue of the marriage contract.

The ruling
Your daughter is entitled to receive:
- One fourth of her husband's estate due to the absence of any inheriting descendant.
- All the items listed in the registry of furniture including those he or she purchased.
- The shabka (what a man traditionally gives his fiancée upon the marriage agreement, usually gold jewelry) he gave her.
- Anything that he promised to buy (for the marriage) but did not actually purchase since it is considered an unpaid debt and therefore is not included in the inheritance. Allah Almighty says,
After any bequest he [may have] made or debt. [Qur`an 4: 11]
Allah the Almighty knows best.


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