Question
A man married a woman and then divorced her before paying her a dowry. Both the man and that woman have died. His son from an earlier marriage would like to know what needs to be done to rectify the situation.
Answer
If the husband divorces his wife after consummation of marriage, then she is entitled to her dowry in full.
In the event of her death, the dowry should be paid to her guardian and then divided among her inheritors.
In a case where the marriage was never consummated and the amount of the dowry had not been specified, the woman will be entitled to a gratuity, the amount of which needs to be determined by a Muslim judge. This will have to be paid to her estate and distributed among her inheritors
Allah says: “There is no blame on you if you divorce women when you have not touched them or appointed for them a portion, and make provision for them, the wealthy according to his means and the straitened in circumstances according to his means, a provision according to usage; (this is) a duty on the doers of good (to others).” [Sûrah al-Baqarah: 236]
However, if the marriage was never consummated but the amount of the dowry had been specified, then half of the specified dowry should be paid to her estate and distributed among her inheritors.
Allah says: “And if you divorce them before you have touched them and you have appointed for them a portion, then (pay to them) ha!f of what you have appointed, unless they relinquish or he should relinquish in whose hand is the marriage tie.” [Sûrah al-Baqarah: 237]
And Allah knows best.
In the event of her death, the dowry should be paid to her guardian and then divided among her inheritors.
In a case where the marriage was never consummated and the amount of the dowry had not been specified, the woman will be entitled to a gratuity, the amount of which needs to be determined by a Muslim judge. This will have to be paid to her estate and distributed among her inheritors
Allah says: “There is no blame on you if you divorce women when you have not touched them or appointed for them a portion, and make provision for them, the wealthy according to his means and the straitened in circumstances according to his means, a provision according to usage; (this is) a duty on the doers of good (to others).” [Sûrah al-Baqarah: 236]
However, if the marriage was never consummated but the amount of the dowry had been specified, then half of the specified dowry should be paid to her estate and distributed among her inheritors.
Allah says: “And if you divorce them before you have touched them and you have appointed for them a portion, then (pay to them) ha!f of what you have appointed, unless they relinquish or he should relinquish in whose hand is the marriage tie.” [Sûrah al-Baqarah: 237]
And Allah knows best.
-islamtoday.net
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