Does the husband have the right to inherit his wife if she dies before the issuance of the Khulʿ judgment, and what is the Islamic ruling on a husband who refuses to divorce his wife while not fulfilling his marital duties?
This worldly life is a realm of trials, and the believer must exercise patience and seek recompense from Allah when afflicted by calamities, so that his sins may be expiated. Since the matter has reached the courts, they are the competent authority. It is advised to try to persuade the husband to agree to a divorce if you despair of rectifying the situation, and to urge the court to expedite its ruling to alleviate the harm. The husband should fear Allah concerning his wife and fulfill her rights or divorce her; he should not hold her to inflict harm, but rather treat her kindly. Otherwise, he would be wronging himself. The husband inherits from his wife if she dies before him and no divorce decree from the courts has been issued before her death.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 69094
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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