Fatwa No : 81989
Are a woman’s mother-in-law and father-in-law counted among her heirs?

Are a woman’s mother-in-law and father-in-law counted among her heirs?

Assalamu Alaikum wa Rahmatullah!
After a woman passes away, how will her inheritance be distributed? She leaves behind three sons, one daughter, a husband, a father, a mother, one brother, two sisters, a father-in-law, and a mother-in-law, and they all live in a joint family. What will happen to her dowry items, clothes, and other gifts that came from her parents? Will the gifts, clothes, and other items given by her husband be included in her inheritance?

الجوابُ حامِدا ًو مُصلیِّا ً

It should be clearly understood that at the time of marriage, any dowry, gifts, clothing, or other items given to the bride by her family as her personal property as well as any jewelry or similar items given by the husband or his parents as mahr (dower) or gifts that made her the rightful owner and possessor all belong solely to the woman during her lifetime. After her death, all such belongings are considered part of her estate (tarikah) and must be distributed among her legal heirs according to their respective Shariah shares. Therefore, after the death of the mentioned woman, all the gifts, clothes, and dowry items given by her family, as well as the gifts, clothes, and jewelry given to her by her husband or his parents as mahr or as gifts since she had become their rightful owner during her lifetime will now be regarded as part of her estate and must be divided among her husband, parents, and children according to the Islamic laws of inheritance.
Furthermore, it should be noted that the deceased woman’s estate includes all movable and immovable property, gold, silver, jewelry, cash, and any household goods, whether large or small, that she owned at the time of her death. The expenses for her burial and shrouding (kafan-dafan) are the husband’s responsibility. If these expenses were paid by the husband or by anyone else voluntarily (tabarru‘an), they will not be deducted from the estate. After this, if she owed any debts, they must be paid. Then, if she made any valid will (wasiyyah), it should be executed up to one-third (1/3) of the remaining estate.

After fulfilling these obligations, whatever remains will be divided into eighty-four (84) shares as follows:
• The husband will receive twenty-one (21) shares,
• Each of the parents will receive fourteen (14) shares,
• Each son will receive ten (10) shares,
• The daughter will receive seven (7) shares.

مأخَذُ الفَتوی

كما في البحر الرائق : ولو ‌جهز ‌ابنته وسلمه إليها ليس له في الاستحسان استرداده منها وعليه الفتوى ( إلى قوله) لو جهز بنته ثم ادعى أن ما دفعه لها عارية وقالت تمليكا أو قال الزوج ذلك بعد موتها ليرث منه وقال الأب عارية ففي فتح القدير والتجنيس والذخيرة والمختار للفتوى أن القول للزوج ولها إذا كان العرف مستمرا أن الأب يدفع مثله جهازا لا عارية كما في ديارنا وإن كان مشتركا فالقول قول الأب وقال قاضي خان وينبغي أن يكون الجواب على التفصيل إن كان الأب من الأشراف والكرام لا يقبل قوله إنه عارية وإن كان الأب ممن لا يجهز البنات بمثل ذلك قبل قوله. اهـ. الخ(كتاب النكاح،باب المهر،3،200،دار الكتب الإسلامي)-
و في الدر المختار : ‌جهز ‌ابنته بجهاز وسلمها ذلك ليس له الاسترداد منها ولا لورثته بعد أن سلمها ذلك وفي صحته)بل تختص به(وبه يفتى)(كتاب النكاح،باب المهر،3،155،:سعيد)-