What is the ruling on marriage during death throes according to the Imams?
Scholars differ on the marriage of a dying person (muḥtaḍar). The majority of jurists permit and validate it, considering any preferential treatment in the dower (mahr) as a bequest (waṣiyyah) to be paid from one-third of the estate. They hold that the wife inherits the stipulated dower if it does not exceed the dower of her peers (ṣadāq mithlihā). If it exceeds it, the excess is returned if she is an heir. Conversely, the Māliki school holds that it is impermissible and invalid. However, some among them permit it in cases of necessity or with the permission of the heirs.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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