Does a legal marriage relationship to the deceased established by one heir prevail if another heir denies it?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If the deceased leaves two heirs, and one acknowledges a wife of the deceased, while the other denies the marriage, the marriage is not established. The acknowledged wife receives half of the inheritance. This is because the marriage bond is dissolved by death, and what is being acknowledged is only her right to a share of the inheritance.
Supporting text
There is an alternative view held by scholars of the Shafi'i school that she receives nothing. This applies even if the deceased had another wife, because the surplus she is entitled to is in the possession of the heir who did not make the acknowledgment.