WIFE'S RIGHTS IN HER HUSBAND'S PROPERTY AFTER HER DEATH WHERE HER HUSBANK IS ALIVE?
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Q 1: WHAT IS THE ISLAMIC SHARIA SAYS IS THE WIFE IS HAVING ANY RIGHTS IN HER HUSBAND'S PROPERTY AFTER HER DEATH WHERE HER HUSBANK IS ALIVE?. Q2: wHAT IS THE ISLAMIC SHARIA SAYS WHO IS HAVING RIGHTS IN PROPERTY OF A MAN WHO IS NOT ALIVE AND DOESNO'T HAVE A CHILD AS WARRIS. PLEASE GIVE THE NEEDFUL ANSWER.
(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)
Answer:
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Q-1: WHAT IS THE ISLAMIC SHARIA SAYS IS THE WIFE IS HAVING ANY RIGHTS IN HER HUSBAND'S PROPERTY AFTER HER DEATH WHERE HER HUSBANK IS ALIVE?.
Inheritance in Islam can only be distributed to or claimed by the legal heirs who are alive at the time of death of the deceased. Thus if a wife dies before her husband, she obviously will not be alive to inherit her husband’s wealth; but rather her husband will inherit his legal share of his deceased wife’s property which is, after the payment of her debt or will if any, the husband will inherit half of his deceased wife’s wealth if she had no children, and if she has children, his share will be a fourth.
Inheritance in Islam can only be distributed to the legal heirs who are alive at the time of the death of the deceased.
Q-2: wHAT IS THE ISLAMIC SHARIA SAYS WHO IS HAVING RIGHTS IN PROPERTY OF A MAN WHO IS NOT ALIVE AND DOESNO'T HAVE A CHILD AS WARRIS.
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-14:
11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.
12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.
13 Those are limits set by Allah: those who obey Allah and His Apostle will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.
14 But those who disobey Allah and His Messenger and transgress His limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment.
If a man dies and does not have any children, his immediate surviving relatives from amongst his mother, his father, his wife, his brothers, and his sisters would become his legal heirs and they would each inherit a prescribed portion of the deceased man’s wealth. Thus the exact proportion of the inheritance of each surviving relative would depend on the number and type of surviving relatives.
For example, if a man dies childless and his property at the time of his death after the payment of debts and will (if any) is $10,000.00 , and his mother, father, one wife, one brother and one sister are alive; the distribution according to Shariah would be as follows:
The wife of the deceased will receive 1/4th or $2,500.00.
The mother f the deceased will receive 1/6th or $1,666.66
And the balance $5,833.34 will all go to the father of the deceased
But in the case a man dies childless and his property at the time of his death after the payment of debts and will (if any) is $10,000.00; and his surviving relatives are his mother, his wife, one brother and one sister, the distribution according to Shariah will be as follows:
The wife of the deceased will receive 1/4th or $2,500.00
The mother of the deceased will receive 1/3rd or $3333.33
The balance $4,166.67 will be divided into three parts, and the brother of the deceased will receive twice the share of the sister. Thus the sister of the deceased will receive $1,388.89 and the brother $2,777.78.
The distribution and ratio of inheritance in Islam will vary according to who exactly amongst the legal heirs survive the deceased. Thus if you could clarify who are the exact survivors of the deceased, we could give you the ratios of each as prescribed by Shariah, Insha Allah.
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,
Members of Islamhelpline
Wister