Hi…not sure if this topic has been raised before but I would like some information please if anyone can help:
What are the rules concerning the wife’s inheritance from her parents in Islam? Am I correct in saying that inheritance is only payable once the parents pass on (God forbid?)
Does the husband have any right over his wife’s inheritance or is it solely her decision what she does with it? (we are talking a fairly large amount here).
Is it correct for a husband to consider his wife’s inheritance to be “their” (I.e: wife’s and husband’s) inheritance? What is the Islamic ruling on this?
My understanding was that the wife can do as she pleases with her inheritance from her parents, and her husband has no say over it, but please correct me if I am wrong. If I am right, how should a wife respond if a husband keeps on mentioning “their” inheritance and asking when it will be paid? (her parents are still well and healthy MA).
Hi...not sure if this topic has been raised before but I would like some information please if anyone can help:
1) What are the rules concerning the wife's inheritance from her parents in Islam? Am I correct in saying that inheritance is only payable once the parents pass on (God forbid?)
2) Does the husband have any right over his wife's inheritance or is it solely her decision what she does with it? (we are talking a fairly large amount here).
3) Is it correct for a husband to consider his wife's inheritance to be "their" (I.e: wife's and husband's) inheritance? What is the Islamic ruling on this?
My understanding was that the wife can do as she pleases with her inheritance from her parents, and her husband has no say over it, but please correct me if I am wrong. If I am right, how should a wife respond if a husband keeps on mentioning "their" inheritance and asking when it will be paid? (her parents are still well and healthy MA).
Thank you in advance.
Assalamualaikum
Surah Nisa discusses laws of inheritance..
For men is a share of what the parents and close relatives leave, and** for women is a share of what the parents and close relatives leave, be it little or much - an obligatory share**. (7) surah an nisa
I dont have knowledge regarding paying it after death. I also want to know this. Because ive seen people give the shares in their lives as well. Allah knows best.
Wife or sister or any woman share is for her alone. This is why it is half. She can do whatever she wants to do with it. But if she pleases to give it to her husband or use it for her family. This is obviously good act and whatever you spend on your family is the best of all you spend.
Somebody who has knowledge can tell the husband regarding the laws of inheritance so he may understand it. Or wife can tell him.
May Allah increase us in knowledge and action ameen
May Allah forgive me if anything wrong i ve written Ameen
When my parents passed away my sisters and I (no brothers) inherited a good chunk of change as well as properties. My husband was named as executor of my mother's estate in her will and has dutifully lived up to the job, but he has never once laid any claim on my share or the payout I'm receiving. I discuss with him freely what I want to do with my share for the benefit of our family but he's never asked, dictated or assumed anything. I could burn it all up in a fire and he wouldn't have a say and that's how it should be. Your inheritance from your parents is yours to do with as you choose and he shouldn't be asking you about it or assuming it's his.
Nauman Ali Khan has a good video about the Islamic take on a wife's earnings (and I believe inheritance would fall into this category too). I think Muzna posted it here on GS recently.
Thank you both for your informative responses. I thought that was the case as well...that it is at the wife's discretion to use it as she pleases as it is from her parents/family. In the circumstances I am talking about, the wife is also receiving an equal 50% share even though she has 1 brother- her parents have chosen to distribute it 50/50 as opposed to the Islamic way of 1/3 for the female which I think it is (and her brother agrees with this and raised no objections). Now the issue is that, this husband and wife are renting at the moment and husband is pushing the wife to get her inheritance (which is sitting in a separate account for her-she has no access to it yet) so they can buy a house instead. Her family refuses to release it to her yet as 1)they don't trust her husband - he has previously shown physical and mental abuse to her to a large extent and 2) they agree to release the money when his family contributes too (they are also well off)...their idea is firstly that the woman shouldn't have to contribute as it's the husband's duty to provide abode for her but whatever amount he puts in, they are willing to match it dollar for dollar. They are very concerned he will one day just do a runner and don't want their daughter's money down the drain. And if things ever turn sour she will need that money as a backup.
Oh also...she is also working at the moment so that she can help out with household expenses etc...and she pointed this out to him, noting that if she got the money it would be easier for her too as she could potentially quit working and start a family BUT she told him she can't get anything until he also contributes (which seems reasonable to me and smart on the part of her family).
So the issue is he now keeps pestering her to get the money and keeps talking about "their" "hissa" (inheritance). She finally snapped and told him that, when he brings his "hissa", shel bring hers (even though islamically she's not required to).
Thank you both for your informative responses. I thought that was the case as well...that it is at the wife's discretion to use it as she pleases as it is from her parents/family. In the circumstances I am talking about, the wife is also receiving an equal 50% share even though she has 1 brother- her parents have chosen to distribute it 50/50 as opposed to the Islamic way of 1/3 for the female which I think it is (and her brother agrees with this and raised no objections). Now the issue is that, this husband and wife are renting at the moment and husband is pushing the wife to get her inheritance (which is sitting in a separate account for her-she has no access to it yet) so they can buy a house instead. Her family refuses to release it to her yet as 1)they don't trust her husband - he has previously shown physical and mental abuse to her to a large extent and 2) they agree to release the money when his family contributes too (they are also well off)...their idea is firstly that the woman shouldn't have to contribute as it's the husband's duty to provide abode for her but whatever amount he puts in, they are willing to match it dollar for dollar. They are very concerned he will one day just do a runner and don't want their daughter's money down the drain. And if things ever turn sour she will need that money as a backup.
Oh also...she is also working at the moment so that she can help out with household expenses etc...and she pointed this out to him, noting that if she got the money it would be easier for her too as she could potentially quit working and start a family BUT she told him she can't get anything until he also contributes (which seems reasonable to me and smart on the part of her family).
So the issue is he now keeps pestering her to get the money and keeps talking about "their" "hissa" (inheritance). She finally snapped and told him that, when he brings his "hissa", shel bring hers (even though islamically she's not required to).
In this case, I would advise the girl to sit tight and stay quiet. It's creepy to ask for the inheritance while the parents are still here/alive. If this is truly the only security she has and the husband is being shady, I'd make sure to keep it separate.
The husband of the woman has no right over her share. Technically what they are doing by willing equal shares is wrong as per shariah. A will can apply to up to 1/3 of the estate and cannot be used to change the alotted share (proportion) of the heirs. But this is not what you're asking, though then he could say that since they're already not following certain rules concerning inheritance then they could break this one too. Though it's a moot point anyway, since laws of inheritance won't even apply as long as the parents are still alive. Except for the 1/3 being allowed for the will.
^ So does this mean that, in the event where 1/3 has not been applied, then it's all rules out the window? Would this mean that the husband then DOES have the right to query, demand it etc? Is it still not the wife's decision only as to what she does with it? I thought it was the husband's responsibility to provide a home for her...why should she use her security funds on a home when 1) his family could easily afford to buy them a home or at least contribute and 2)she will be in deep trouble if things turn sour one day (God forbid) because if she puts all her money in then he is entitled to 50% regardless of what he did or did put in. (Where the couple resides, the law is that any assets obtained by either party after marriage are deemed to be joint assets, and therefore in case of separation each party is entitled to 50%, even if they contributed nothing to the asset). And in this case he would, at this stage, be contributing nothing so there is a real danger present. However, if he brings in the same amount they could purchase together and then each party is safe.
In this case, I would advise the girl to sit tight and stay quiet. It's creepy to ask for the inheritance while the parents are still here/alive. If this is truly the only security she has and the husband is being shady, I'd make sure to keep it separate.
Yes that's what I thought. Prior to the commencement of the physical and mental abuse, her parents had told their daughter they would be willing to give her her share early- the deal was the couple would work for a year, save some more money, and her parents would then give them the money (in addition to their own funds) so they could purchase a home. However, the physical and mental abuse then began (not to mention the fact that the guy only worked for 2 months out of the 12 allocated months) and so hence they saved nothing. She now doesn't want to be in a position where she is taken advantage of and so her parents have put money for her aside. The parents have no issue giving the money...it is literally sitting in the bank for her ...and their intention was to always give it to her when they buy a house ...but her husband's behaviour has been so awful that they don't trust him. And he still seems to expect the money from them, even though he doesn't speak to her family (after they told him off for hitting her which he couldn't handle).
There was a girl in their family who went through something similar....her parents bought her and her husband a home when the couple got married. 6 years later, the couple divorced (the husband was cheating) and the girl was forced to sell the house and give him 50% of the sale despite the fact that he never put even a dollar into the purchase of the home.
There is also an additional issue hovering in the background...the girl's grandfather gave the girl's mother about $20,000 at the time of the couple's marriage. The grandfather told the mother that this money should be used towards wedding expenses. The girl's family , however, took care of the wedding expenses themselves and kept that $20k aside with the intention that they will add that to the amount to give to the couple when they buy a home. However, the husband now also has his eye on that $20k claiming it was their wedding present from the girl's grandfather...even though the money was clearly to be used to help out with wedding expenses (I.e: jewellery for the girl, clothes, etc). So if the parents chose to cover all that themselves and to save the money for the couple WHEN THEY BUY A HOME....I don't think he has any claim over it? He also sold his car (for about $8k- he spent most of that money and kept it in a separate individual account of his anyway) and now has his eye on this $20k claiming he wants to start a business with it or buy a car etc. Firstly, his family can afford to give him whatever he wants but for some reason he wants to seem to keep that and leech of his wife. I noted that it was imperative that it be made clear that that $20k is also for their home (Whenever they purchase it) and if he needs money he can ask his family for it. And the wife is also working right now so it's not like she isn't contributing to the household. So my question basically is....he has no immediate right over that separate $20k from the girl's grandfather either, correct? On a moral level that is. Are her parents right in keeping their daughter's funds as a safety net for her? Or could this rapidly turn into a situation where , over a couple of hundred thousand dollars, a marriage breakup occurs? But then again, should he not accept his wife as she is (with or without these funds at his immediate availability?)
No real info here... but this dude sounds like an asshole and this girl should dump his ass on the street cos it seems like all his intentions are tied to her money. Better off without him.
No real info here... but this dude sounds like an asshole and this girl should dump his ass on the street cos it seems like all his intentions are tied to her money. Better off without him.
She probably should. But I often feel that it is very easy to spit out the words "DIVORCE HIM AND KICK HIS @SS TO THE KERB." But actually doing it would be extremely difficult. I think it takes a very strong woman to do it, even if she has her family's support. Yes he treats her like crap. Yes he hits her and mentally abuses her. Yes her family has told her to leave him, she has a strong support system. But she still doesn't seem to be able to do it at this stage. Inshallah his behaviour improves. When Allah wants to fix someone, it can happen overnight.
The husband has NO claim on the wife's money, much less inheritance, because inheritance doesn't even come in the picture given the circumstances.
When she inherits, he still has no claim on any of that money
I said that if they broke one rule, he might just say that since they broke that one, then why are they being particular about this one, though he still has no right to it as per shariah.
What he can afford or what his family can afford is irrelevant, as it won't give him any right to the money if we look at Islamic rules of inheritance.
The only way he has a claim on her inheritance is if she dies while married to him, then the husband has an assigned share from his wife's estate. This, or theoretically if her parents decided to leave a share for him, this could come from the 1/3 that they can will away.
Other general stuff about inheritance:
First the estate of the deceased is used to clear any outstanding debts they may have. Then funeral expenses are covered. What is left from that, up to 1/3 can be willed away (e.g. to a charity, to a person who isn't one of the heirs).
I don't think her problem is a theological one...it seems more like a greedy, entitled husband. However, religiously speaking, none of the money he is eyeing from her and her family is due to him according to Islam/Shariah and there is no obligation on the girl or her family to give him any of it.
She probably should. But I often feel that it is very easy to spit out the words "DIVORCE HIM AND KICK HIS @SS TO THE KERB." But actually doing it would be extremely difficult. I think it takes a very strong woman to do it, even if she has her family's support. Yes he treats her like crap. Yes he hits her and mentally abuses her. Yes her family has told her to leave him, she has a strong support system. But she still doesn't seem to be able to do it at this stage. Inshallah his behaviour improves. When Allah wants to fix someone, it can happen overnight.
See, this is so messed up and I'm not trying to put you down personally or anything but this way of thinking is what needs to be eradicated from our society...."he hit her, abuses her...BUT..." but what? Just live with it? Wait until the abuse kills her and he gets all her money anyway? Why? Does this girls life and self respect matter so little that she should just put up with this nonsense in hopes that Allah will change him? I'm sorry, but Islam has given divorce as an option for a reason, and that reason is staring this girl in the face right now. Being a "very strong woman" should not be seen as an anomaly or exception to the rule. She should get out NOW while she still has her youth and senses about her.
Another thing to add here is that as far as inheritance goes, it applies to what's left after the person dies. Also, the estate of (and thereby inheritance from) the mother and from the father are two separate things, so eyeing an amount now doesn't make any sense. Among the heirs of each parent will also be the surviving parent.
Though as I said in my previous post, I doubt her problem is one of theology. Let's say they were to explain this to him, certified and stamped by a scholar, then what would that change? Would that stop him from being greedy for it? Options of divorce aside, she should at least make it very clear that he has no right to that money so he needs to stop thinking its his.