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Recently, an interesting scenario in the Islamic law of inheritance emerged in Zamfara State – “the home of Shari’ah”. It happened that a very rich and influential man once had a wife who bore seven children for him. Their marriage was a long lasting monogamy until the wife kicked the bucket a few months ago.
Before she died, the husband had been nursing a terminal illness for some years which made many to believe he would die before his wife. But destiny came to pass and the man became a widower – an event that took everyone by surprise.
Due to the couple’s deep emotional attachment, the man found it difficult to cope with the demise of his soulmate, and this got his health condition deteriorated drastically. The children are well to do in the community, therefore, spending a huge amount of money to sustain their father’s life was never a challenge.
Fast forward to the area of concern (AOC)… Their father who was bedridden all these while suddenly developed marital interest in one of the women (a middle aged widow) who used to visit and take care of him. When the man publicized his interest on marrying the woman, his children rejected the move and tried to convince him against it. They could not find any justification for such a wedding whereby their dying father would practically not able to fulfill the physical demands of marriage considering his critical health condition.
Against the children wishes, the man arranged with some Mallams to conduct the wedding (in absential) after the woman had accepted his proposal – sharp woman no waste time. Many were wondering if probably the man was charmed or was only being manipulated by the woman. People could hardly understand the rationale behind the marriage, especially from the angle of the groom. However, just a day after the nikah (i.e wedlock), the old man died, while the bride was yet to pack into the man’s home based on their customary practice.Therefore since the old man was bedridden and the bride was yet to pack-in before he passed on, it became obvious that the marriage was not consummated.
Days after the funeral and it was time to share the man’s wealth, his children became confused about whether the uncommissioned bride (also a controversial stepmother) has a right to their father’s inheritance vis-a-vis the shari’ah provisions. Following a heated argument among the concerned parties, they unanimously agreed to contact prominent Imams and scholars to source for a reliable fatwa – legal verdict.
They consulted nine (9) scholars separately via phone calls and eight (8) among them ruled in favour of the woman. The one who said she (i.e the fresh widow) doesn’t have a share in the inheritance eventually called back and reversed his judgement. He said after conducting extensive research on the matter, he realized his initial fatwa contradicts the correct ruling.
In the end, the unconsummated marriage favoured the uncommissioned bride who became the lucky widow. It was said that the woman’s share cannot be less than a mansion plus a hectare of land.
Allahu Abaar! Will this woman not say a big “THANK YOU” to the shari’ah? Yet, some mischief makers are trying to brainwash the Muslims that Islam oppresses the right of womenfolk – what a myth!
In addition, I want to emphasize that this woman is actually a widow even when the marriage was not consummated prior to her husband’s death. She didn’t spend a night together with her husband. This represents a major difference between nikah and courtship.
Similarly, just as she gets a share from her deceased husband’s properties, she is equally obliged to perform the ‘iddah (i.e mourning for a period) of four months and ten days based on the Islamic calendar. Allah says:
وَٱلَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَٰجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا ۖ
“And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days…” [Al-Baqarah (2): 234]
Thanks to Allah for the blessing of Islam. May peace be upon those who follow the guidance!
By: Abu Mar’yam Hanafi Abdulkadri
Email: hanafiabdulkadri@gmail.com
