A husband taking his wife's jewelry before her death


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Q: I am an Egyptian working in Iraq. A few months ago, about eight months, after traveling to Iraq, the news of my wife's death came to me while I was abroad. Before traveling, I had taken her gold and silver jewelry. Moreover, she left behind three daughters at our homeland, a 7-year-old girl, a five-year-old girl and a 3-year-old girl, and my elderly mother cares for them at home. Are her underage girls and I entitled to her jewelry after her death? Please, give us a fatwa.


A: If the reality is as you have mentioned, her jewelry and other property that she left are her estate deserved by her heirs. Thus, after paying off her debts and executing her Shar`y (Islamic legal) will if any, (Part No. 16; Page No. 462) her estate is to be divided among her heirs each receiving their Shar`y respective shares. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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