🌍 Children, inheritance & global · #49

A former wife does not inherit, but do her children?

Yes. A former wife whose ʿiddah has ended or who was divorced by an irrevocable talaq (ba'in) no longer inherits from her former husband, but their children remain full heirs of their father. Divorce does not sever a child's lineage. Sons and daughters of the former wife receive the same shares as the children of the current wife, in the ratio 2:1. If the children are still young, their shares are managed by the guardian of their property (the paternal grandfather, an executor or a guardian appointed by the court), and the mother may apply to be appointed guardian of their property. The former wife may also still have claims to jointly acquired matrimonial property (harta sepencarian) or mutʿah (consolatory gift) that were not settled at the divorce. See faraid.

Sources

Surah an-Nisa' 4:11Surah al-Baqarah 2:233

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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