What is the ruling on inheritance between spouses married during the husband's terminal illness?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
Inheritance between the spouses is established if the marriage contract is deemed valid, based on the generality of the Quranic verse concerning inheritance.
Supporting text
Malik states that if the marriage is void due to the illness, the spouses do not inherit from each other unless consummation occurs, in which case the wife receives her stipulated dowry up to one-third, prioritized over the will (*wasiyya*). Al-Zuhri and Yahya ibn Sa'id held a similar view to Malik. Rabi'ah and Ibn Abi Layla held that the dowry and inheritance derive from the one-third portion allowed for bequests. Al-Awza'i ruled that the marriage is valid but there is no mutual inheritance.