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Sunni · Compare this tradition with another

Will a Separated Wife and Her Children Inherit From the Father?

no name given · Jamiatul Ulama KZN – Council of Muslim Theologians (Suedafrika) · 2026-09-23 · Durban · Source

Justice · main message Knowledge · carrying

In Islamic inheritance law according to Hanafi fiqh, a separated but not divorced wife and her children from this marriage retain their right to inherit from the estate of the deceased husband.

If a husband is married to his wife/wives, i.e., they were not divorced by him when he died, all his wives will inherit from him upon his death, regardless of any separation that may have taken place during his lifetime.

The text answers a legal question regarding Islamic inheritance practice in Hanafi fiqh. It states that a separated but not divorced wife as well as the children from this marriage inherit upon the death of the father. As a basis, a hadith is cited that calls for the just treatment of multiple wives. The text emphasizes that inheritance rights remain in effect regardless of a separation during the lifetime. Reference is made to the services of Jamiatul Ulama KZN for the drafting of Islamic wills. The answer underscores the importance of settling estate matters in a timely manner. The text serves the purpose of legal education within the Muslim community.

Worldview

what this means
What, according to this text, is the root of the evil?
Ignorance, illusion, a false view of reality (inferred)
Where does the evil reside?
in the heart, the will, or the soul of the individual
What helps against it?
keeping the commandments, maintaining order, fulfiling one's duties; insight, learning, enlightenment, right understanding
What is human being according to this text?
willed by God, with a task and a responsibility
What does the text base its claim on?
on the founder or prophet of the tradition; on a present head, teacher, or office
To whom does the text's call for devotion apply?
to one's own fellow believers
Where is the text's criticism directed?
the text does not criticise

Related texts from other traditions

by similarity of the analysis, one text per tradition

What the text calls for

Passages cited

Sunan Tirmidhi

Measured

Basic stance
0 from -2 to 2
Insistence
1 of 3
Reach
2 of 5
Concreteness
3 of 3
Boundary
0 of 3
Time
past 1, present 3, future 1

Analysed with qwen/qwen3.8-27b, version v3. The same standards apply to every tradition, see Values.

Show the full text
Nasihah (Advice): Equality amongst one’s Wives Sayyiduna Abu Hurayrah radiyallahu anhu reported that Rasulullah (sallallahu alayhi wa sallam) said, “When a man has two wives and he is not just between them, he will come on the Day of Qiyamah with one side drooping.” [Sunan Tirmidhi] ______________________________ Question and Answer: My father has two wives. He has separated from his second wife and his children from his second wife. If my father passes away, will his second wife and her children from him inherit from my father? If a husband is married to his wife/wives, i.e., they were not divorced from him when he passed away, all his wives will inherit from him upon his demise, regardless of any separation that may have occurred during his lifetime. Regarding his children, all of them are entitled to inherit from him, irrespective of whether their mother was divorced by him. N.B. The Jamiatul Ulama KZN offers a free service to the public to assist Muslims with their Islamic Wills. We can advise you and answer questions relating to your Will, inheritance, and any proposed estate planning, to ensure that your arrangements are valid according to Shariah. We encourage Muslims to attend to these matters during their lifetime and not leave them until it is too late. To arrange an appointment, please contact the Jamiatul Ulama KZN office on 031 207 7099. Islamic Wills are also available to download here . And Allah Ta’ala Knows Best Mufti Muhammed Hamza Farooqui Mufti Taahir Hansa (The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) Fatwa Department Jamiatul Ulama (KZN) Council of Muslim Theologians 223 Alpine Road, Overport Durban, South Africa Tel : +27 (0) 31 2077099 Email: fatwa@jamiat.org.za Fax : +27(0) 31 2074163 Website : www.jamiat.org.za