Does a spouse inherit if the marriage is not consummated?
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
Where scholars differ, it’s safer to take the more cautious view.
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Source: Jamiatul Ulama KZN — https://jamiat.org.za/does-a-spouse-inherit-if-the-marriage-is-not-consummated/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-19215