The ruling on reclaiming the mahr upon the death of the husband before consummation
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Question:
This questioner, Abu Karim, asks: If the husband dies before consummating the marriage with his wife, and he has paid the mahr in full, is it permissible for the husband's family to reclaim this mahr in full?
Answer:
No, because she is his wife, and she inherits from him, and she observes the waiting period for widowhood, because she is his wife, and the marriage contract is not invalidated by death. Therefore, she inherits from him, and she observes the waiting period for widowhood from him. She is entitled to the mahr that he gave her, and it is not permissible to reclaim it from her. Yes.
This questioner, Abu Karim, asks: If the husband dies before consummating the marriage with his wife, and he has paid the mahr in full, is it permissible for the husband's family to reclaim this mahr in full?
Answer:
No, because she is his wife, and she inherits from him, and she observes the waiting period for widowhood, because she is his wife, and the marriage contract is not invalidated by death. Therefore, she inherits from him, and she observes the waiting period for widowhood from him. She is entitled to the mahr that he gave her, and it is not permissible to reclaim it from her. Yes.
Source
نور على الدرب 29-12-1434هـ — af.org.sa (2:45)
The Arabic text is a machine transcription of the audio recording.