The Inheritance of a Wife Whose Marriage Was not Consummated
Question :
A certain person proposed to a young, virgin girl and the contract was completed, but before he consummated the marriage with her, this man died and left behind an inheritance. He had no children, nor any close relatives, nor any heirs apart from the wife with whom he had contracted the marriage. Does she inherit from him, even though he had not consummated the marriage with her?
Answer:
Yes, she does inherit from him, even if he had not consummated the marriage with her, according to the generality of the Words of Allah, Most High:
"In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts.
So the wife is a wife, simply by virtue of a correct contract. Therefore if the correct contract is completed and her husband dies leaving her a widow, she inherits from him and she is obliged to observe the waiting period of death even if he did not consummate the marriage with her and the whole of the dowry is for her. What remains after her share of the inheritance goes to the male with the most right. And in this matter about which the questioner asked, since this deceased person has no heirs, neither those with the right of Al-Furudh nor those with the right of Al-'Asabat, so whatever exceeded the share of the wife will be in Bait Al-Mal because Bait Al-Mal is the place where all money without a specific owner is directed.
Source:
Ibn 'Uthaimin
Fatawa Islamiyah, Vol. 5 Page 83
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