08 Jamadi al-Awwal 1444  ,  02 December 2022

*Fatwa and Sustainable ... Date Added: 31-10-2022

Iftaa` Department and the ... Date Added: 25-10-2022

Achievements of Iftaa` ... Date Added: 23-10-2022

Fatwa is Accepted only from ... Date Added: 19-10-2022

"The Role of Religious ... Date Added: 09-11-2022

If a Man Fights or Abuses ... Date Added: 02-11-2022

The Prophet`s Birth ... Date Added: 02-11-2022

Scary Questions about ... Date Added: 01-11-2022


Subject : Ruling when the Wife`s Heirs Claim her Deferred Dowry upon her Death

Fatwa Number : 3189

Date : 05-04-2016

Classified : Dowry (mandatory wedding gift)

Fatwa Type : Search Fatawaa

Question :

My brother, his wife and their children died in a traffic accident. Do the heirs have the right to claim her deferred dowry?

The Answer :

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

If a person died and left an inheritance, but was indebted, his debts must be paid off first. If anything remained from the inheritance, it must be divided among the eligible heirs. Allah, The Almighty, Said (What means): "after any bequest that he may bequeath, or any debt." {An-Nisa`/11}.

The wife`s deferred Mahr (dowry) is a debt upon her husband, to which she is entitled upon her divorce, her husband`s death, or hers, as stated in article  (43) of the Jordanian Civil Status Law: "If a dowry was named in a valid contract, it must be given in full upon the death of any of the two spouses."

In conclusion, the wife`s heirs are entitled to claim her deferred dowry before the division of the inheritance since it is a debt to which her husband is liable, whether she died before or after him. Article (42) of the Jordanian Personal Status Law/2010 stated: "If no specific date was assigned to the payment of the deferred dowry, it is considered deferred until divorce takes place or any of the two spouses dies."And Allah knows best.



Name *

E. mail Address *


Comment Title *

Comment *


Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.