The rights of a widow whose marriag...

Egypt's Dar Al-Ifta

The rights of a widow whose marriage was not consummated

Question

A woman's husband passed away a few days before the consummation of their marriage. In this situation, what are the legal rulings for the following:

1- The registry of furnishings; according to prevailing customs, the husband furnishes part of the house while the wife furnishes the rest.

2- The shabka.

3- As the husband passed away due to a work-related injury, his employers will pay benefits in compensation. What is the ruling regarding this sum?

4- Pension.

5- What is the status of the deferred dowry stated in the marriage contract?

6- An apartment which husband owned in his father's building.

Please take into account that apart from his wife, the deceased is survived by his father, three brothers and three sisters.
 

Answer

1- It is established in Islamic law that a wife whose husband passes away receives her
full dowry.

2- As for the compensation mentioned in the question, if it is not paid out to certain beneficiaries based on the damages they experience due to the death of the deceased, it is to be divided according to the rules of inheritance.

3- The pension is to be distributed according to the insurance and pension law.

4- The wife is to receive her deferred dowry before the division of the estate.

5- If the apartment mentioned above was owned by the deceased, it is to be divided among the heirs each according to his share as follows:

- the wife receives her obligatory share which is a quarter of its value

- the father receives the rest as his obligatory share due to the absence of a closer universal heir. The siblings of the deceased, males and females, do not receive anything because they are eliminated by their father.

This is the ruling for the above if the case is indeed as mentioned in the question and the deceased does not have any other heirs that have not been mentioned.

Allah Almighty knows best.

 
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