What is the inheritance right of a wife whose marriage was valid but for whom no dower was specified, and consummation did not occur before the husband's death?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The wife inherits from her deceased husband without any dispute, as the Almighty established an inheritance portion for each spouse, and the marriage contract is valid and established. Therefore, the wife inherits due to the general scope of the scriptural text. The dower due to her is the dower of women of her status (mahr mithli), which is to be completed for her. This is the sound position in the madhhab, supported by Ibn Mas'ud, Ibn Shibrimah, Ibn Abi Layla, al-Thawri, and Ishaq. The evidence is the ruling of 'Abdullah ibn Mas'ud who judged for a wife for whom no dower was specified and who died before consummation, stating she receives the dower of women of her status, without deficiency or excess, and she must observe the waiting period ('iddah) and inherits. This was corroborated by the Prophet's ruling concerning Bar'u' bint Washq.
Supporting text
A dissenting view, reported from 'Ali, Ibn Abbas, Ibn Umar, al-Zuhri, Rabi'ah, Malik, and al-Awza'i, holds that she has no dower because the separation occurred by death following a valid delegation before specification and physical contact, thus making it like a separation by divorce where the dower is not obligatory. Abu Hanifa holds a position concurring with the ruling for a Muslim woman and dissenting for a non-Muslim woman (dhimmi). A narration from Ahmad suggests she receives half, and al-Shafi'i holds two differing opinions.