The woman's mahr if she dies before consummation
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Fatwa number ( 6191 )
Q: I inform your eminence that I previously contracted a marriage with a girl in Somalia and gave her a mahr of 10 camels, deferred, but she passed away before I consummated the marriage with her according to the Shari'ah, and I am in Saudi Arabia . Now her father is demanding that I pay the full mahr. I have explained to him that I am not obligated to pay the full mahr, but he insisted, and I found no one there to issue a fatwa for me according to Islamic Shari'ah,
and to settle the dispute. I hope your eminence will graciously inform me whether I am obligated to pay any part of the mahr, and what is its amount? And what is the amount of the inheritance that will be due to me from my deceased wife?
A: If the situation is as stated, then she is entitled to the full mahr specified for her in the contract. The mahr and any other wealth she left behind are considered an estate from which she is inherited. After settling her debts and executing her lawful bequest, if there is any of that, you are entitled to half of what remains if she has no children. If she has children, you are entitled to a quarter; based on the saying of Allah, Glorified and Exalted is He:[An-Nisa 4:12] And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I inform your eminence that I previously contracted a marriage with a girl in Somalia and gave her a mahr of 10 camels, deferred, but she passed away before I consummated the marriage with her according to the Shari'ah, and I am in Saudi Arabia . Now her father is demanding that I pay the full mahr. I have explained to him that I am not obligated to pay the full mahr, but he insisted, and I found no one there to issue a fatwa for me according to Islamic Shari'ah,
and to settle the dispute. I hope your eminence will graciously inform me whether I am obligated to pay any part of the mahr, and what is its amount? And what is the amount of the inheritance that will be due to me from my deceased wife?
A: If the situation is as stated, then she is entitled to the full mahr specified for her in the contract. The mahr and any other wealth she left behind are considered an estate from which she is inherited. After settling her debts and executing her lawful bequest, if there is any of that, you are entitled to half of what remains if she has no children. If she has children, you are entitled to a quarter; based on the saying of Allah, Glorified and Exalted is He:
And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt.
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.