Jamiat KZNJamiatul Ulama KZN

Inheritance of an unborn child

· 7 Jumada I 1437 AH1 min readEnglish
*Islamic RulingsFamily MattersFatwaFemale IssuesFiqhInheritance

Question

My husband passed away and I am pregnant. Does my unborn child inherit from my husband’s estate?

Answer

The unborn child is entitled to his/her share of inheritance from the estate of his/her deceased father. As such, in this case, the estate of the deceased should be distributed after the child is born in order to ascertain the gender of the child and to distribute his/her share of inheritance accordingly. (Al-Lubaab 4/199)

And Allah Ta’ala Knows Best

Answered by
Mufti Ebrahim Desai
Ask Jamiat KZN

Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.