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Fatwa CenterRights of No.1 wife of 25 years regarding inheritance from husband
Question
What are my rights as wife No. 1 after 25 yrs of marriage and my rights with regards to inheritance should my husband treat me unfairly, which seems to be most likely?
Answer
Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
Your rights on your husband are just like the rights of any wife on her husband. He should live with you honourably and treat you kindly. He has to spend on you and clothe you, as any husband spends and clothes his wife. He should provide you with a suitable accommodation, and give you the same as he gives his other wives if he has.
You are obliged to obey your husband as long as he does not tell you to do something against the Shariah. When he wants to enjoy you, you have no right to refuse except for a legal reason. You should fulfill your responsibilities towards raising the children and looking after the affairs of the house etc.
Your liable portion in his inheritance is one-eighth, if he dies and no other wife exists except you. If there is another wife, or wives, then all of them will distribute the above mentioned portion equally. This is your (wife) right if your husband leaves a child from any wife. If he leaves no child, than your (wife) share is one fourth. If he has more than one wife, each will share equally.
It is not permissible for your husband to treat you unjustly or be unfair with you. He should always remember the command of the Prophet Muhammad (Blessings and peace of Allah be upon him). He said: "Listen! Treat women kindly". [Termizi].
Allah knows best.
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