What is the ruling on inheritance rights regarding the second husband if the first husband is alive but unknown, and the second marriage was consummated?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 3 · Bab 1

Open in Qurani

Primary text

According to the opinion adopted here, she never inherits from the second husband nor does he inherit from her unless a new contract is established, or unless it was unknown that the first husband was alive. If it becomes known that the first husband was alive, she inherits from the first husband and he inherits from her, unless she chooses to forsake him, which clarifies that she does not inherit from the second nor he from her.

Supporting text

According to Abu al-Khattab's view, if the separation by the judge is ruled valid outwardly and inwardly, she inherits from the second husband and he from her, and she does not inherit from the first nor he from her. However, if the separation is not ruled valid inwardly, she inherits from the first husband and he from her, and she does not inherit from the second nor he from her.