- AR (العربية) -
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| Fatwa ID: | 22926 |
| Title: | Joint tenants and inheritance |
| Category: | Varieties |
| Scholar: | Dr. Main Khalid Al-Qudah |
| Date: | 07/04/2007 |
Salamo Alaikom
My question is if the wife doesn`t work or make less money than the husband but they are joint tenants on the house deed, and both of their names on the business deed. So in case of death, does the wife owns half or 1/4? As I understand if they r joint tenant the wife takes her 1/2 first then the rest will be divided according to shariaa. Would you be kind enough to tell me if there are different opinions regarding that matter?
Thank you for your time
Wa Alaykom Assalam
Being (joint tenants) has nothing to do with her share of inheritance at all. The same rule applies for the working and the housewife as well, unless the wife has contributed in buying the house.
If this is the case, whether she is a working or a housewife, then she has the right to take her portion of the house or to be compensated in case of the husband wants to own the house independently. And whether during her husband`s life or after his death, because such a possession is not related to her share of inheritance, rather it is her basic right as his (partner), and not as his wife.
As of her share of inheritance, she takes 1/4th of his whole wealth if he does not have offspring at all (from her or from other wives he might have). And if he left more than one wife, all of them should share 1/4th equally.
In case he left kids (old or young, males or females, from her or from other wives he has), then she deserves 1/8th , independently if she is the only wife, or her (equal share) from the 1/8th if she is not the only wife.
Allah knows best.
