Jamiatul Ulama KZN

Does my unborn child inherit from my husband’s estate?

Published as Inheritance of an unborn child

· 7 Jumada I 1437 AH1 min readEnglish

Question

My husband passed away and I am pregnant. Does my unborn child inherit from my husband’s estate?

Answer

The unborn child is entitled to his/her share of inheritance from the estate of his/her deceased father. As such, in this case, the estate of the deceased should be distributed after the child is born in order to ascertain the gender of the child and to distribute his/her share of inheritance accordingly. (Al-Lubaab 4/199)

And Allah Ta’ala Knows Best

Answered by
Mufti Ebrahim Desai
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Source: Jamiatul Ulama KZN — https://jamiat.org.za/inheritance-of-an-unborn-child/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-19164

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