Does a daughter inherit her deceased father, knowing that she was born from an unregistered customary marriage, and is she entitled to bear only her father's name without inheriting?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If a common law marriage fulfills the conditions of a valid Islamic marriage, namely the presence of a guardian (wali), witnesses, offer (ijab), and acceptance (qabul), then it is considered valid Islamically, and the daughter resulting from it is attributed to her father and inherits from him. If the marriage is invalid due to a missing condition, paternity is still established, and inheritance likewise, if the husband believed in its validity. Paternity and inheritance are also established if a judge rules on its validity.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/68402
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 68402
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy