FatwaFederal TerritoriesInheritance, Wills & Gifts
AL-KAFI #1621: ADAKAH SUAMI LAYAK MENERIMA HARTA PUSAKA RUMAH ISTERI YANG DIBELI SEBELUM BERKAHWIN?
Is a husband entitled to a share of the inheritance of a house his wife bought before marriage, even if he never paid the installments?
Short answer
A house bought by the wife before marriage and still owned by her at death is part of her estate and must be distributed among her heirs.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A house bought by the wife before marriage and still owned by her at death is part of her estate and must be distributed among her heirs. The husband does not become the sole owner of the house, but he is entitled to a faraid share as determined by Sharia. The fatwa states that buying the house before or after marriage does not affect his eligibility. The position differs if she had already sold or transferred the house to someone else before her death, as it is then no longer part of the estate.
Written in our own words from the original fatwa — check the source before acting on it.
Pembelian rumah sebelum berkahwin ataupun selepas berkahwin tidak memberi kesan terhadap kelayakan suami mendapat bahagian harta pusaka rumah tersebut melainkan rumah tersebut sudah dipindah milik kepada orang lain.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #1621: ADAKAH SUAMI LAYAK MENERIMA HARTA PUSAKA RUMAH ISTERI YANG DIBELI SEBELUM BERKAHWIN?”, 20 February 2020. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/4211-al-kafi-1621-adakah-suami-layak-menerima-harta-pusaka-rumah-isteri-yang-dibeli-sebelum-berkahwin. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/husband-inheritance-share-wife-house-bought-before-marriage/