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Waiving the Dowry after the Wife's death PDF Print E-mail
Kitabun Nikah [ The book of Marriage ] - Mahr [Dowry]

Waiving the Dowry after the Wife's death

Question: It has become customary in our area for the parents of a woman to waive the dowry after their daughter passes away. Is this right?

(1) Will the dowry really be waived by this?

(2) Will the husband still be liable to pay the dowry after he dies if it is not waived?

Answer: Unpaid dowry is debt owed to the wife and is due to the heirs (husband included) after she dies. If the parents do not want their share of it, they may gift it to the other heirs, but are unable to waive it altogether. And Allaah knows best what is most correct.

N.B: If they have children, the husband will receive a quarter of the estate. otherwise half.

Fatawa Rahimiyyah vol.3