Will a Separated Wife and Her Children Inherit From the Father?

Question

My father has two wives. He has separated from his second wife and his children from his second wife. If my father passes away, will his second wife and her children from him inherit from my father?

Mufti Muhammed Hamza Farooqui · Accepted Answer

If a husband is married to his wife/wives, i.e., they were not divorced from him when he passed away, all his wives will inherit from him upon his demise, regardless of any separation that may have occurred during his lifetime.

Regarding his children, all of them are entitled to inherit from him, irrespective of whether their mother was divorced by him.

N.B. The Jamiatul Ulama KZN offers a free service to the public to assist Muslims with their Islamic Wills. We can advise you and answer questions relating to your Will, inheritance, and any proposed estate planning, to ensure that your arrangements are valid according to Shariah. We encourage Muslims to attend to these matters during their lifetime and not leave them until it is too late. To arrange an appointment, please contact the Jamiatul Ulama KZN office on 031 207 7099.

Islamic Wills are also available to download here.

And Allah Ta’ala Knows Best

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