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Case 2 — Two Marriages, the Second Husband Surviving

The deceased married twice. The first husband had died; the second survives but had no children with her. Who inherits?

FaraidHusbandSons

The story of the late Zainab (not her real name), who passed away on 17 December 2021 at the age of 70.

The Facts

  • Both her parents had died when Zainab was still a child.
  • She married twice during her lifetime.
  • First husband — Zakaria, who died in 2000, ending the marriage by death. They had two sons: Zaki and Zainal.
  • Second husband — Abdullah, who survives her. That marriage produced no children.

The Faraid Distribution

On these facts, the surviving heirs and their faraid shares are:

Spot it? A first husband who died before the deceased is no longer an heir. The children of that first marriage still inherit in full. The second husband takes 1/4 (that is, 2/8) because the deceased left children.

I hope this helps.

Is your case different? A slightly different set of heirs can change the whole distribution. Send me the facts of your case on WhatsApp and I will help you check.
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