What is the husband’s share of his wife’s inheritance? Here are the details

Inheritance issues are multiple and branching, as they differ according to the gender of the deceased, and accordingly, the share of the heirs is determined.

  The issue of the husband’s share of his wife’s inheritance is one of the thorny issues in many societies and cultures, where the husband sometimes faces difficulty in determining his legal share in the inheritance after the death of his wife, as his share varies according to several things, including whether or not he has children, and their number is also many. Things that fall under this topic.

In addition, the laws of inheritance in Islam are subject to the Sharia rulings that came from the Book and the Sunnah, and they include strict rules for the distribution of inheritance among the heirs. The share of each heir is determined according to the Sharia rulings, and no one else has the right to change this distribution.

That is why we will talk in this article about the husband’s share of his wife’s inheritance in all cases, and when the husband does not inherit from his wife and all the topics related to this issue, keep reading…

What is the husband’s share of his wife’s inheritance?

The husband’s share of his wife’s inheritance has been clarified by Islamic law, and the verses of the Holy Qur’an have clarified it. The husband’s share varies according to the following cases:

The husband’s share of his wife’s inheritance if the wife has no son or grandson

The husband’s share shall be half of the estate in the event that the wife does not have a son or grandchild, whether the estate is real estate, land, or money.

Allah, the Highest, says (and for you is half of what your wives leave if they have no child).

  The husband’s share of his wife’s inheritance if the wife has no son and grandson

Here, it differs whether the grandson is from a son or a daughter, and therefore the share of the husband is a quarter of the estate if the grandson is the son of her son, but if the grandson is from the girl and is considered a descendant without an heir, then the share of the husband is half.

   The husband’s share of his wife’s inheritance if the wife has a son or grandson (from her husband, from whom she died)

The share of the husband here is reduced from half to a quarter, due to the existence of the inherited offspring, according to the Almighty’s saying (If they had a child, then you have a quarter of what they left after a will they bequeathed or a debt).

The husband’s share of his wife’s inheritance if the wife has a son or grandson (from another husband)

The husband’s share does not differ if the wife has a son or grandson from another husband, and no matter how different the husband’s arrangement is, his share is a quarter of the estate due to the presence of the inheriting descendant.

Can the husband not inherit after the death of his wife?

The husband is considered, in relation to his relationship with his wife, of the first degree, so he inherits in all cases, and he is not prevented from inheritance, unlike if the wife recommends that he be deprived of it, and this is not permissible according to Sharia, because everything that God Almighty has prescribed is wisdom.

So the wisdom of the husband’s inheritance from his wife is that in that organizational Inheritance, where each individual takes his share according to what is determined by the Sharia, in addition to the fact that the needs of the husband are greater than the needs of the woman, as he is considered responsible for her and their children, and therefore he had the largest share, which is half in the absence of an inheriting descendant, and a quarter in the case of an inheriting descendant, but the woman inherits A quarter in the absence of an inheriting descendant, and an eighth in the presence of an inheriting descendant.

Obligations of the husband before the distribution of the inheritance

There are some obligations that fall on the husband before starting the distribution of the wife’s inheritance, and these obligations are as follows:

• Consider if there are debts for the wife and pay them off.
• The price of the shroud is taken from the wife’s money.
• All other rights such as charity, zakat, etc. are considered and paid from the estate.
• If you find a will, it will be executed first.

What property does the husband inherit? Does he inherit from the property?

The husband inherits from all the inheritance left by the wife, whether it is money, real estate, or land, and the share is half, as we mentioned, if there is no descendant heir (son or grandson), and he inherits a quarter if there is a descendant heir, whether it is a son or grandson, and if the grandchildren are daughters He inherits the half, as the sons of the daughters are considered a non-inheriting branch.

What are the conditions for a husband to inherit after the death of his wife?

Islamic Sharia stipulates agreed conditions for entitlement to inheritance, which are:

• Marriage: that is, the necessity of a marriage contract, that is, the deceased is a husband or wife, and there is a marriage contract between them.
• Lineage: The heirs must be from the lineage of the deceased, such as children, father, mother, brothers, and other relatives.
• Loyalty: to those whose necks are set free.

These three conditions are among the conditions that necessitate inheritance, with the difference in the share of each heir according to the degree of his kinship to the deceased.

What if the wife bequeathed to her husband other than his share of the inheritance?

The will is one of the important issues about which many people wonder. The origin of the will is according to the saying of the Prophet, may God bless him and grant him peace (God has given everyone who has a right his right, so there is no will for an heir). There is an inheritor’s descendant, and in the event that there is an inheritor’s descendant, he has a quarter.

If the wife recommended to him otherwise, as if she prevented him from inheriting, then this is contrary to the Sharia.

Does the husband get his children’s share of the inheritance if the wife dies and her children do not reach puberty?

If the wife dies and leaves young children who have not reached puberty, then the marriage must receive their share of the inheritance, with the necessity of undertaking to preserve and care for it until they reach puberty.

What are the procedures for dividing the inheritance of the deceased wife?

Among the procedures followed before distributing the wife’s inheritance are the following:

• Beginning to distribute the rights of the estate, which is represented in taking the price of the shroud from the estate, and paying off all debts if any, in addition to the rights related to zakat and charity, all of which are taken from the estate’s money, as well as executing the will.
• It is necessary to seek the assistance of an expert lawyer in the division of inheritance and inheritance matters from the Al Othman law firm.
• The heirs entitled to the inheritance must be determined accurately so that the rights are not lost.
• The inheritance must also be distributed based on the share of each one of them, according to what the Sharia decreed.
• The occurrence of consent between the heirs during the signing of the division.
• After that, the oath contract must be formally documented by the competent authority, in order for this contract to be a legal contract.

Conclusion

Thus, we have come to the end of this article, in which we have talked in detail about the husband’s share of his wife’s inheritance, as this issue is one of the sensitive issues that cause disagreement among everyone, but the Sharia rulings and laws in force in the Kingdom of Saudi Arabia have resolved this dispute, as they rule by their rulings constructively. On the rules and provisions set out in the Islamic Sharia, which require justice.

However, experts recommend consulting with a legal advisor specialized in this field to ensure that the disputes and problems that occur during the distribution of the estate are avoided and that the right reaches all its owners.

Inheritance and inheritance issues experts at Al Othman Law Firm are ready to answer all your inquiries regarding inheritance issues and do what is required by law to distribute the estate among its owners and related legal procedures or take over the filing of lawsuits to easily resolve disputes between the heirs in accordance with Saudi law. Contact Al Othman Law Firm now.