A man proposed to a woman and gave her the mahr, but the contract was not completed, and then he died
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The questioner: A man proposed to a woman and gave her the (shabakah), but the contract was not completed. Then Allah decreed his death. Does the woman have any right to inheritance or not? And if she has no right, does this (shabakah) return to the man's family or not?
As for inheritance, she has no inheritance; because the marriage contract was not completed, so she is not his wife.
As for the (shabakah), it is a matter for consideration,Someone might say: that it returns to the heirs of the suitor; because the marriage was not completed,And it may be said: that it does not return to the heirs of the suitor; because there was no negligence on the part of the woman and no withdrawal from the proposal, so it is hers.
And the precaution is: that he should return it to the heirs of the suitor, and the precaution for the heirs of the suitor is to give it to the proposed woman.
As for inheritance, she has no inheritance; because the marriage contract was not completed, so she is not his wife.
As for the (shabakah), it is a matter for consideration,Someone might say: that it returns to the heirs of the suitor; because the marriage was not completed,And it may be said: that it does not return to the heirs of the suitor; because there was no negligence on the part of the woman and no withdrawal from the proposal, so it is hers.
And the precaution is: that he should return it to the heirs of the suitor, and the precaution for the heirs of the suitor is to give it to the proposed woman.