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The question

Does a woman inherit from her second husband, and to whom are her children attributed, if she married him without a divorce from her first husband who was absent from her?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the husband disappears and his news is cut off for four years, and the woman observes the waiting period (iddah) for death and then remarries, her marriage is valid, and inheritance is established between them. The children are attributed to the second husband, and if the first husband returns, he is given the choice between his wife or her dower. A judge's ruling is not required after the completion of the period and the iddah.

However, if she marries before the four years and the iddah have passed, or if the news of the first husband is known, then her marriage is invalid and her cohabitation is considered fornication, and there is no inheritance between them. If they both know the prohibition of the marriage, the children are not attributed to the second husband but to the first, unless he disclaims them through li'an (oath of condemnation). If the couple believed the marriage was valid, and the pregnancy occurred after six months from the second husband's cohabitation, the children are attributed to him. If the birth occurs before six months from the second husband's cohabitation, and after the maximum gestation period from the first husband's disappearance, the child is attributed to the first. If the birth occurs after six months from the second husband's cohabitation, and before four years from the first husband's disappearance, the matter is referred to DNA testing to determine paternity.

It is recommended to refer to the Sharia court for these matters.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
106794
Imported
Translation status
Source text, unreviewed
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