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The question

Does the deferred inheritance include the husband, and to whom do the guardianship and custody of the children belong, and where are their movable possessions kept, after the wife's death, leaving a husband, a son, a daughter, and her parents?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Firstly: The gold debt owed by the husband to the wife is considered part of the inheritance and is divided among the heirs according to Islamic law, whether it was a dowry or another debt.

Secondly: A debt with a specified term does not become due upon the death of the woman if its term has not yet expired. The heirs must wait for the term to mature, as deferred debts transfer to the heirs as they are.

Thirdly: If the deferred dowry has no specified term, it becomes immediately due according to the Hanafis, and becomes due upon separation (death or divorce) according to the Hanbalis. Since the woman has passed away, the debt becomes immediately due and the husband must pay it to the heirs.

Fourthly: The guardianship of a father over his minor children's wealth and over marrying off his daughters is established by the consensus of jurists as long as he is alive. There is no guardianship for the grandfather (father's father) or the grandmother (mother's mother) in the presence of the father.

Fifthly: The custody of minor children after the mother's death goes to their grandmother (mother's mother) according to the majority of jurists.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
151846
Imported
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Source text, unreviewed
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