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How can a woman ensure her right and the right of her four daughters to the money she and her husband accumulated, especially after the husband's illness and his refusal to register any guarantees, under the pretext of not displeasing Allah, knowing that he has a married brother and sister who have children?

1 min readAlso available in العربية

If the husband's illness is feared to be fatal, then his gift (hibah) to his wife or daughters is considered a bequest (wasiyyah). A bequest to an heir is not permissible in Islamic law, based on the Prophet's (peace be upon him) saying: "There is no bequest for an heir." Furthermore, his acknowledgment to anyone he is accused of owing in these circumstances is not valid, as he has become legally incapacitated (mahjur alayh).

The right of the wife and daughters to the husband's wealth after his death is through inheritance (irth). The wife receives one-eighth if there are lineal descendants, and the daughters receive two-thirds if they are more than two.

If the heirs confirm the wife's partnership in the wealth, or if there is evidence for it, then she is entitled to take her share before the distribution of the estate. If they do not confirm her claim and there is no evidence, then her claim cannot be considered, for "the burden of proof is on the claimant, and the oath is on the one who denies."

To guarantee the wife's right, her partnership in the wealth must be proven. As for the daughters' right to inheritance, it is guaranteed by Islamic law. Such matters are resolved through reconciliation or by a ruling from a Sharia court.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy