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Inheritance of Christian wife.

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:

I am an Indian Muslim. My wife is an Indian Catholic Christian. In 1985, we married in an Indian Catholic Church. Simultaneously, we married in an Indian Civil court. I was then under the impression that we can not marry under Islam without my wife converting to Islam. She did not want to go through a `sham` conversion for the sake of marriage. I continue to practice Islam & my wife practices Christianity. We have a 21 years old son who is being brought up as a Christian.


I now understand that I can marry her under Isalm because as a Christian belongs to `people of the book`.


I have two questions:

(1)             Can my wife & I solemnize our marriage under Islam with my wife continuing to be a Cathloic (`people of book` who Muslims are allowed to marry)?

(2)             If yes, then after marriage will my wife acquire the same inheritance rights as applicable to a Muslim wife while continuing to be a Christian? Will your answer be also applicable to the Shariah Law as practiced in Dubai?

I would apprecaite a prompt reply.

 

(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:

 

Inheritance of Christian wife

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.


 

Your Question: Can my wife & I solemnize our marriage under Islam with my wife continuing to be a Cathloic

Allah Says in the Holy Quran Chapter 5 Surah Maidah verse 5:

(Lawful unto you in marriage) are (not only) chaste women who are believers but chaste women among the People of the Book (Jews and Christians) revealed before your time when ye give them their due dowers and desire chastity not lewdness nor secret intrigues. If anyone rejects faith fruitless is his work and in the Hereafter he will be in the ranks of those who have lost

 

It is indeed permissible for a believer to seek to marry a chaste eligible woman from amongst the Jews and the Christians, if indeed they wish to do so.

 

There are four absolutely obligatory conditions for a nikaah or marriage to be valid in Shariah Law:

  1. Proposal by one party and acceptance of the other.
  2. The determination of mehr
  3. The presence of (at least) two witnesses to the marriage contract.
  4. The consent of the wali or guardians of the bride.

 

If the above four absolutely obligatory conditions of a marriage are honored, absolutely regardless of who performs the marriage, the marriage itself will be considered legal, valid, and lawful in the Sight of Shariah Law and of Allah Subhanah.

 

Neither is a chaste woman from amongst the Jews and Christians who seeks to marry a muslim required to revert to Islam before the marriage, nor after her marriage.if she does not wish to do so. She is well within her rights in Shariah to practice her Jewish or Christian faith while bonded in the sacred institution of marriage with a Muslim.

 

Your Question: If yes, then after marriage will my wife acquire the same inheritance rights as applicable to a Muslim wife while continuing to be a Christian?

Sahih Muslim Hadith 3928 Narrated by Usamah ibn Zayd

Allah's Messenger (saws) said: A Muslim is not entitled to inherit from a non-Muslim, and a non-Muslim is not entitled to inherit from a Muslim.

 

In light of the above absolutely clear guidance of the Messenger of Allah (saws), if your wife insists on following her Christian faith, she will not be included amongst your legal heirs and will thus not legally inherit from your property after your death.

 

If your son has accepted Christianity as his faith, he too will be legally unable to inherit from your wealth after your death.

 

Your Question: Will your answer be also applicable to the Shariah Law as practiced in Dubai?

We obviously are neither aware nor qualified to express our opinion regarding the law of the land practiced in Dubai..it would be advisable for you to check and confer with a qualified inheritance lawyer who would obviously be better qualified with the laws of the land as practiced in Dubai.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 


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