Inheritance between spouses when one commits apostasy during the illness preceding death.

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 2 · Bab 5

Open in Qurani

Primary text

The established principle in the school of thought is that if one spouse apostatizes during their fatal illness, the other spouse inherits from them, drawing an analogy to divorce executed during the fatal illness. However, the wife's action that dissolves the marriage and removes her from the inheritance of other heirs, like the husband, should place her in the position of Imam Malik's ruling.

Supporting text

Abu Yusuf stated that if a sick woman apostatizes and dies during her waiting period, or joins Dar al-Harb (the Abode of War), her husband inherits from her. Al-Lu'lu'i narrated from Abu Hanifa that if a man apostatizes and is killed for his apostasy or joins Dar al-Harb, his wife is irrevocably separated from him. If the marriage was consummated, she inherits from him if that occurs before her waiting period ends; if the marriage was not consummated, she is separated and does not inherit.