Jamiat KZNJamiatul Ulama KZN

Does a spouse inherit if the marriage is not consummated?

· 13 Jumada I 1437 AH1 min readEnglish
*Islamic RulingsFamily MattersFatwaFemale IssuesFiqhNikah

Question

Does a woman inherit from her husband if her husband passes away before consummating the marriage?

Answer

After the performance of Nikah between husband and wife, the consummation of the Nikah is not necessary for the wife or husband to be entitled to inherit from each other’s estate. The performance of Nikah is sufficient for husband and wife to inherit from each other’s estate.

Accordingly, if husband and wife were married in Nikah and irrespective if the Nikah was consummated or not, the husband or wife will be entitled to the inheritance of their respective spouse in the event of death. (Shaami 6/762)

And Allah Ta’ala Knows Best

Answered by
Mufti Ebrahim Desai
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