What is the husband's share of his deceased wife's inheritance, given that she has no parents or children other than their infant son who died with her?
If a woman dies leaving a husband and no lineal descendant (child or grandchild), her husband receives one-half, based on the Almighty's saying: "And for you is half of what your wives leave if they have no child." {An-Nisa:12}.
The remainder, after the husband's share, is distributed among the other heirs if they exist. The husband's share is not subject to رد (return of surplus to heirs) according to the general consensus of scholars.
If a child dies with its mother in an accident, there are three scenarios:
1. It is known that the child died after its mother: The mother inherits, then the child inherits from her, then the father inherits from the child. In this case, the husband's share is one-fourth due to the existence of a lineal descendant, based on the Almighty's saying: "But if they have a child, then for you is one fourth of what they leave." {An-Nisa:12}. 2. It is known that the child died first: The husband inherits one-half due to the absence of a lineal descendant for the mother. 3. It is unknown who died first: Neither inherits from the other. In this case, the husband receives one-half, according to the majority of scholars.
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- Original fatwa ID
- 169322
- Imported
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