🌍 Children, inheritance & global · #44

Does a second wife in a Western country inherit from her husband?

Under faraid, all valid wives share 1/8 or 1/4. In Western countries, however, a second marriage contracted in that country is not valid in law (bigamy), so a second wife is usually not recognised as a spouse for the purposes of civil inheritance. Some countries recognise polygynous marriages validly contracted in the country of origin for limited purposes, but the rules vary. Islam does not encourage breaking local laws in ways that bring hardship on oneself. For those already in this situation, a will prepared by a lawyer can help, but remember that a bequest to an heir requires the consent of the other heirs. Consult a local lawyer. See Muslim minorities in the West.

Sources

Surah an-Nisa' 4:12Surah an-Nisa' 4:59

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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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