If the husband dies before consummation, the woman is entitled to the full mahr
Machine translationRead the Arabic original
Fatwa number ( 1662 )
Q: My brothermarried a woman in accordance with the Sunnah of Allah and His Messenger, and he passed away without having consummated the marriage, and she did not know him. Does she have a right to the bridal giftor not? He passed away without leaving anything, and he had paid her 7,000 (seven thousand) riyals from her right, which was all he had, and he had delivered it to her in advance. Does she have a right to the remainder of her bridal gift and her other rights? He passed away without leaving any children and had not married before her.
A: If the matter is as you described, that your brother passed away after marrying a woman and giving her seven thousand riyals of her mahr, then the remainder of her mahr is due from him and she inherits it. She must observe the waiting period for widowhood and observe the mourning period for him for four months and ten days, including their nights; due to the generality of the statement of Allah the Exalted:[Al-Baqarah 2:234]
And His statement (peace and blessings be upon him):Jami` at-Tirmidhi 1195Sahih (Darussalam) And His statement (peace and blessings be upon him): And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My brothermarried a woman in accordance with the Sunnah of Allah and His Messenger, and he passed away without having consummated the marriage, and she did not know him. Does she have a right to the bridal giftor not? He passed away without leaving anything, and he had paid her 7,000 (seven thousand) riyals from her right, which was all he had, and he had delivered it to her in advance. Does she have a right to the remainder of her bridal gift and her other rights? He passed away without leaving any children and had not married before her.
A: If the matter is as you described, that your brother passed away after marrying a woman and giving her seven thousand riyals of her mahr, then the remainder of her mahr is due from him and she inherits it. She must observe the waiting period for widowhood and observe the mourning period for him for four months and ten days, including their nights; due to the generality of the statement of Allah the Exalted:
And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]. And when they have fulfilled their term, then there is no blame upon you for what they do with themselves in an acceptable manner. And Allah is [fully] Acquainted with what you do.
وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلا جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِي أَنْفُسِهِنَّ بِالْمَعْرُوفِ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌAnd His statement (peace and blessings be upon him):
It is not lawful for a woman who believers in Allah and the Last Day to mourn for the dead more than three days, except for her husband (in which case it is) four months and ten days.
لا يحل لامرأة تؤمن بالله واليوم الآخر أن تحد على ميت فوق ثلاثة أيام، إلا على زوج أربعة أشهر وعشراRegarding a woman whose husband died without specifying a mahr for her and without consummating the marriage: "She is entitled to the mahr of her women, without extravagance or deficiency, and she must observe the waiting period and she is entitled to inheritance."
في امرأة مات عنها زوجها ولم يسم لها صداقا ولم يدخل: "لها مهر نسائها، لا وكس ولا شطط، وعليها العدة ولها الميراث
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.