What is the wife's share of the inheritance if the deceased has a paternal cousin who has been missing for 10 years and whose whereabouts are unknown?
If the deceased leaves behind only his wife and a missing paternal cousin, his wife receives one-fourth (ar-rubu') as a prescribed share (fard) due to the absence of a direct descendant, based on the Almighty's saying: "And for them (wives) is one fourth of what you leave if you have no child." The remainder is held in trust for the paternal cousin (if he is a full brother or a half-brother from the father's side) by way of 'asabah (agnatic relationship), based on the Prophet's (peace be upon him) saying: "Give the prescribed shares to those entitled to them, and whatever remains is for the closest male relative." This remains so until his status is clarified or a judge rules him deceased, at which point the wealth transfers to his heirs.
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- Ftawy
- Original fatwa ID
- 117652
- Imported
- Translation status
- Source text, unreviewed
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