Sharʿi Ruling on the Inheritance Share of a Non-Consummated Wife
Source: Fatāwā ʿIlmiyyah (Tawḍīḥ al-Aḥkām), Vol. 2, p. 238
Question:
A man got married, but before consummation (rukhsatī) took place, he passed away. Is the married woman entitled to his inheritance? And if she marries another man later, will she still be entitled to the inheritance?
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿAmma Baʿd!
If a man dies after nikāḥ but before consummation, his wife – even if she is non-consummated (i.e., there was no seclusion or marital relations) – is fully entitled to her prescribed share of his inheritance according to Sharīʿah.
In such a case:
◈ If the deceased has children, the wife will receive one-eighth (⅛) of the estate.
◈ If the deceased has no children, the wife will receive one-fourth (¼) of the estate.
Regarding mahr (dowry), since consummation did not take place, the woman is entitled only to half of the mahr.
Proof:
This ruling is clearly established by the ḥadīth in:
Sunān al-Nasā’ī (Vol. 6, p. 122, Ḥadīth 3360, with an authentic chain).
This is the sound and preferred opinion.
وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Source: Fatāwā ʿIlmiyyah (Tawḍīḥ al-Aḥkām), Vol. 2, p. 238
Nikāḥ Without Consummation and the Issue of Inheritance
Question:
A man got married, but before consummation (rukhsatī) took place, he passed away. Is the married woman entitled to his inheritance? And if she marries another man later, will she still be entitled to the inheritance?
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿAmma Baʿd!
If a man dies after nikāḥ but before consummation, his wife – even if she is non-consummated (i.e., there was no seclusion or marital relations) – is fully entitled to her prescribed share of his inheritance according to Sharīʿah.
In such a case:
◈ If the deceased has children, the wife will receive one-eighth (⅛) of the estate.
◈ If the deceased has no children, the wife will receive one-fourth (¼) of the estate.
Regarding mahr (dowry), since consummation did not take place, the woman is entitled only to half of the mahr.
Proof:
This ruling is clearly established by the ḥadīth in:
Sunān al-Nasā’ī (Vol. 6, p. 122, Ḥadīth 3360, with an authentic chain).
This is the sound and preferred opinion.
وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
