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🌍 Children, inheritance & global · #150

The first wife's family wants to exclude me and my children from my late husband's estate. What should I do?

If your marriage was valid and registered, you and your children are heirs whom no one can exclude. This right is fixed by Islamic law, not by family agreement. Gather the important documents at once: your marriage certificate, the polygyny permission if there was one, your children's birth certificates and your husband's death certificate. Inform the Syariah Court that you are an heir when the faraid certificate is applied for, or apply yourself if the others delay. Avoid quarrelling at the deceased's house or on social media; let the documents speak. Allah says: “Repel (evil) with what is better” (Surah Fussilat 41:34). The first wife is grieving just as you are. Your courtesy today makes it easier for the children of both homes to be close as siblings later. See co-wife relations.

Sources

Surah Fussilat 41:34
← PreviousI nursed my sick husband for years, yet my share of the estate is the same as my co-wife's, who rarely came. Is that fair?Next →The house I live in with my children is still in my late husband's name. Does my co-wife also have a right to it?

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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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