Does a husband inherit from his niece if she dissolves the marriage during her fatal illness after reaching maturity?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If a man marries his niece while she is a minor, and upon reaching maturity she dissolves the marriage during her fatal illness, the husband does not inherit from her. This position is held without known dispute.
Supporting text
This ruling is based on the view that the original marriage contract was invalid according to the sound doctrine (sahih al-madhhab), which is also the position of Al-Shafi'i. However, a narration from Ahmad suggests the marriage is valid and she has the choice (khayar), which aligns with the madhhab of Abu Hanifa. Yet, because the dissolution is to remove harm and not to flee inheritance, the husband does not inherit, similar to the case of a freed woman dissolving her marriage.