Q: A Christian man announced that he embraced Islam in order to marry an illiterate Moroccan woman who does not observe Prayers and knows nothing about her religion. This man used to traffic drugs and although his wife knew of his activities, she did not repudiate it because she did not know what is Halal (lawful) and what is not. After a few years of their marriage, she started to observe Prayers (Part No. 11; Page No. 291) and learn matters of her religion after which she started to object to his activities. And when the Mosque of the Custodian of the Two Holy Mosques,
located at
Gibraltar, was inaugurated
and the Da`wah (calling to Islam) spread and some Muslims who were immoral returned to the teachings of their religion, her husband started to frequent the mosque and pray and became a good Muslim. His wife became a righteous person, wearing the full religious attire of the prescribed Islamic Hijab (veil) and observing the teachings of her religion as much as possible. A year after this man started to pray sincerely, he passed away and left his wife a huge estate which includes several properties, huge sums of money and various business projects. He has only one daughter from this woman and his father is a Christian. His wife wishes to know the legal ruling on her husband's estate. She is now the owner of all of his estate and knows its source. We appreciate your quick reply, telling us what she is to do.
A:
If the reality is as you have mentioned that before his death, the husband
became a good Muslim and observed his prayers and desisted from trafficking drugs, then the matter is as follows: Islam abolishes all that preceded it and it is lawful for this woman and her daughter to take the estate of the deceased if he does not have a Muslim heir. If he does have an heir, he gets what remains after the wife receives her prescribed share of inheritance which is one eighth of the estate and the daughter receives her prescribed share which is one half, both of which amount to three out of eight equal shares. In the absence of an heir as mentioned above, the wife receives one eighth, which is one share out of eight equal shares and the rest (Part No. 11; Page No. 292) belongs to the daughter as a prescribed share and as a Radd (distribution of the remaining portion of inheritance after the prescribed heirs have taken their shares). May Allah forgive us all.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.