Her second husband died leaving a son from a previous marriage

9-6-2010 | IslamWeb

Question:

Assalam va alaikum
If a first husband of a woman dies and then she marries an another man whose wife died and then again her second husband also dies then does this woman have share in the property of her second husband?
She doesnt have children from second husband whereas her second husband has left behind a son from her first wife.
Whether son or wife who is the owner of a property of a died man? There is a conflict in a relationship of the son and wife of a expired man.
All of them belong to the Indian Muslim family.
Kindly suggest something.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

This wife has the right to inherit from her second deceased husband in the same manner that she inherited from the first husband. Similarly, her second husband’s son inherits what remains from his [father’s] inheritance after all the heirs who have right in the inheritance take their legal shares.

Finally, it should be noted that it is the Islamic court that puts an end to the dispute among the heirs. In case there is no Islamic court, then take the matter to any authority that acts on its behalf like the Islamic Centers.

Allaah Knows best.