Inheritance of the Miscarried Fetus
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Fatwa No. ( 1313 )
Q: The driver’s brother died, leaving behind his mother, his brothers, his sisters, and his wife, who was six months pregnant. Approximately twenty-five days after the date of death, the fetus died, and then twins were delivered: a male and a female, with no movement in them. Do the miscarried twins inherit from their father, given that they died in their mother’s womb?
A: If it is established that the twins were delivered dead, they have no inheritance from their father or from anyone else. Their life in their mother’s womb for twenty-five days or more after their father’s death does not entitle them to inheritance, because they were delivered from their mother dead.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: The driver’s brother died, leaving behind his mother, his brothers, his sisters, and his wife, who was six months pregnant. Approximately twenty-five days after the date of death, the fetus died, and then twins were delivered: a male and a female, with no movement in them. Do the miscarried twins inherit from their father, given that they died in their mother’s womb?
A: If it is established that the twins were delivered dead, they have no inheritance from their father or from anyone else. Their life in their mother’s womb for twenty-five days or more after their father’s death does not entitle them to inheritance, because they were delivered from their mother dead.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.