Can I Stipulate in Marriage Contract to Remove a Wife’s Share of Inheritance?

Answered by Mawlana Ilyas Patel

Question

Is it permissible for my father to stipulate in his marriage contract that his future wife will not inherit from his estate, and instead agree on a fixed financial arrangement based on the length of the marriage, so that only his daughters inherit?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I hope you are in good health and faith. Thank you for your question.

Your father cannot include in his marriage contract that his future wife will not inherit. The deceased’s estate is distributed according to Allah’s prescribed shares, and a wife will always have a share. No one can alter this distribution or stipulate otherwise unless all heirs mutually agree to divide the estate differently.

In Islam, inheritance rules are set by Allah in the Quran. After death, estate division follows these shares exactly, which are fixed and cannot be changed by personal wishes, contracts, or wills. Heirs can later voluntarily agree to redistribute the estate, provided they do so freely and without coercion.

Inheritance Verse

“Allah commands you regarding your children: the share of the male will be twice that of the female. If you leave only two (or more) females, their share is two-thirds of the estate. But if there is only one female, her share will be one-half. Each parent is entitled to one-sixth if you leave offspring. But if you are childless and your parents are the only heirs, then your mother will receive one-third. But if you leave siblings, then your mother will receive one-sixth—after the fulfillment of bequests and debts. (Be fair to) your parents and children, as you do not (fully) know who is more beneficial to you. (This is) an obligation from Allah. Surely Allah is All-Knowing, All-Wise.” [Quran, 4:11]

Due to the sensitivity of this situation, I advise you to consult local scholars, individuals in the community who are reliable, pious, possess wisdom, and understand family and community dynamics.

I would like you to go through the valuable answers and links below. You will receive guidance and direction, insha’Allah.

Related

• Why Does a Female Inherit Less Than a Male?
• Inheritance Questions Following Father’s Death
• How to Divide Inheritance After a Parent’s Death?
• How Do We Deal With the Death of a Loved One?

Why not begin your search for knowledge by signing up for a course on SeekersGuidance? You can choose from the Islamic Studies Curriculum and progress through each course step by step.

I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.