What happens if the wife dies before the husband after a favored marriage contract?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the wife predeceases the husband and she inherited from him, and the estate she left only consists of what he dowered her with, the favored amount is subject to division (*duroor*). The husband's side receives the five units of the customary dowry plus an additional portion corresponding to the favored amount. The husband's heirs then inherit half of her resulting estate.

Supporting text

Complex calculations involving setting the value of the favored amount ('the thing') based on what remains with the husband's heirs after accounting for the customary dower and the inheritance share result in specific distributions. If the favored amount is set at a value such that the wife receives the full favored amount in addition to her customary dower, then the entire favored amount returns to the husband's heirs, and the wife's heirs retain only the customary dower.