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FatwaFederal TerritoriesMarriage & Family

BAYAN LINNAS SIRI KE-349: HUKUM PERKAHWINAN KETIKA SAKIT TENAT

Is a marriage contracted by a person who is critically ill valid, and what are its effects on the dowry?

Short answer

According to the Shafi'i school, a marriage contracted by a critically ill person is valid, and the spouses inherit from one another upon death.

Federal TerritoriesOpinion (irsyad)

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
Bayan Linnas
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

According to the Shafi'i school, a marriage contracted by a critically ill person is valid, and the spouses inherit from one another upon death. As for the dowry, when a sick man marries a healthy woman, she is entitled to it, and any amount above the customary dowry (mahar mithil) is treated as a gift to the wife if she is an heir. When a sick woman marries a healthy man and the dowry is below the customary rate, the shortfall is treated as a gift to the husband as heir, but other heirs may reject it and require the dowry to be made up to the customary amount.

Written in our own words from the original fatwa — check the source before acting on it.

Hukum perkahwinan bagi orang yang berada dalam keadaan sakit tenat adalah sah di sisi mazhab Syafi'i.

Excerpt from the original fatwa · Federal Territories

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. “BAYAN LINNAS SIRI KE-349: HUKUM PERKAHWINAN KETIKA SAKIT TENAT”, 15 April 2026. https://muftiwp.gov.my/ms/artikel/bayan-linnas/6578-bayan-linnas-siri-ke-349-hukum-perkahwinan-ketika-sakit-tenat. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/marriage-during-critical-illness-ruling/

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Evidence cited

Quran verses

  • An-Nisa' 4:3

Books

  • al-Hawi al-Kabir (al-Mawardi)
  • Tuhfah al-Muhtaj (Ibn Hajar al-Haitami)