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Share Of Widow In Late Husband's Inheritance After Remarriage & Children Custody
Salam,
The scenario is as below.
Husband died a couple of years ago, leaving 4 kids (3 girls and 1 boy). Late husband mum is still alive. The widow remarried a year later. One of the late husband property was legally updated with inheritance law (virasat was documented) before this remarriage. Some other properties are still in the late husband name for which virasat has not been documented yet.
One of the daughter died a few months ago, now leaving 2 daughters and 1 boy. Late husband also has 2 brothers and 2 sisters alive.
Questions:
Q1:After her remarriage, does this woman have any rights/share (1/8th) in the late husband properties which have not been documented as virasat?
Q2: Can this woman be guardian of the under 18 kids or does guardianship go to children’s grand mother? (Or is it a legal matter of local government rather Sharia?)
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2 Replies
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Share Of Widow In Late Husband's Inheritance After Remarriage & Children Custody
updated 2 months, 4 weeks ago
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Replies
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Q1: The widow has right in all the inheritance of the husband, whether documented or undocumented. The undocumented properties should be documented to fulfil the legal requirements and her due share should be given to her. Her remarriage does not affect her right in her late husband’s inheritance.
Q2: In the absence of father, mother has the first right to be guardian of her children but shariah has not fixed anything in this regard. Ghamidi Sahab writes:
“a third matter that can cause dissension between the divorced couple is the custody of children. The shariah has not given any directive in this regard because this matter can only be decided keeping in view the welfare of the children and the circumstances of the parents, which of course vary a lot. However, those in authority can obtain a lot of guidance in this regard from the various cases decided by the Prophet (sws). Following is an account of some of them.
Abdullah ibn Umar (rta) narrates that a lady came to the Prophet (sws) and said: “For this son of mine, it is only my belly which was his abode, and my breasts which were his vessel and my lap which was his dwelling place. Now his father has divorced me and wants to take him away from me.” The Prophet (sws) replied: “You are more entitled to keep him until you marry again.”
Abu Hurayrah (rta) narrates that in his presence once a lady came to the Prophet (sws). I heard her saying: “My husband wants to take away from me this child even though he has brought over water for me from the well of Abu Anbah and given me a lot of benefit.” The Prophet replied: “Both of you can cast a lot on this.” [Upon hearing this], the husband said: “Who will quarrel with me regarding this son of mine.” The Prophet asserted: “O son! This is your father and this is your mother; grasp the hand of the one you want to hold.” The child grasped the mother’s hand and she took him away.“
(Excerpt from Meezan: Javed Ahmed Ghamidi)
(English Rendering by Dr. Shahzad Saleem)
Please also refer to the video below from 36:23 to 37:02
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Please also refer to the video below from 25:16 to 29:59
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