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🌍 Children, inheritance & global · #48

Can a wife in an unregistered marriage claim her husband's estate?

If the marriage is valid under the Shariah, she is entitled to inherit, but she must prove the marriage before the authorities. Without a marriage certificate, the Faraid Certificate will not list her, and other heirs may deny her existence. The usual step: apply for validation of the marriage at the Syariah Court with evidence such as witnesses to the contract, the wali, foreign marriage documents, and proof of living together. This process is harder after the husband has died. Her children likewise need to prove their lineage (nasab). The key lesson: do not marry in secret or without registration; it wrongs the wife and children. See unregistered marriage.

Sources

Surah al-Baqarah 2:282Surah an-Nisa' 4:12Act 303, s.123
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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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