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Fatwa Clarifies Widow's Inheritance Rights
The Egyptian Dar al-Ifta has clarified that a woman whose husband passes away while legally and correctly married is considered, both legally and religiously, a rightful heir, even if she did not have sexual relations with him or engage in proper privacy (khalwa), provided there is no legitimate religious obstacle preventing her inheritance. It stated that the wife has two primary rights to the estate: 1. The first is the complete payment of her specified dowry, which is considered a debt owed by the deceased and takes precedence over the distribution of the estate. This dowry amount is his equivalent, whether paid immediately or deferred, and is settled from the estate in accordance with Egyptian laws regulating inheritance rights. 2. The second is her legal share of the inheritance: she is entitled to either one-quarter (1/4) of the estate if the deceased has no descendants or other heirs, or one-eighth (1/8) if he does have pertinent heirs, as determined by Sharia law. The Fatwa confirmed that this ruling applies to a wife whose husband died before consummation (before the act of marital intimacy), based on the prophetic Hadith and the jurisprudence traditions, emphasizing the importance of settling debts and rights before distributing the inheritance.
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