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Will The Children Of A Deceased Wife Get Inheritance Share Of Their Mother?
If a person has two wives , if one of them dies before the husband dies , then after the death of husband , does the children of the deceased wife will get the share from their mother’s share as well or not ? . Kindly answer
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4 Replies
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Will The Children Of A Deceased Wife Get Inheritance Share Of Their Mother?
updated 3 years, 5 months ago
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No they will not. As per the Quran, only those who are alive have a share in the legacy of a person at the time of his death unless the subsitution of an heir happens after death of that heir and the person substituting him does so as an aqrab in the same capacity to the legator i.e. not as an actual substitue but as an actual aqrab in the same capacity. In case of an ophaned grandson, he is not being given a share as a substitute for his father in the capacity of an heir; it is being given to him because after the death of his father he has become aqrab to his grandfather the way his father was. Thus he is a substitute for his father in this regard. When his father was alive, his father was aqrab of his own father with regard to being his offspring. After his death, his son has become aqrab to his father and on this basis has become entitled to inheritance. But in case of a wife, after her death, no heir can become a wife to any extent so that he or she be regarded as the substitute of the deceased with regard to being their aqrab.
Hopefully, Irfan Shahzad Sahab (@Irfan76 ) will clarify it further.
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Thanks for clarification, if i understand correctly, in islamic inheritance if a person dies his inheritance does not becomes his property, but we have to substitute an aqrab that has same relation as the deceased had.
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Yes.
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If siblings can come substitute for children in their absence, so can children of the children, as the grandchildren are considered the real children of a person.
in the above case, it is wife. Her children can’t substitute her as wife to the deceased. They are not entitled to receive her share from her husband.
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