Fatwa ID: 02569

Answered by: Molana Muhammad Adnan

Question

I have a very important question to ask, I'm about to take a woman in my nikah, she will be my second wife, this marriage is mainly to help this lady who got divorced twice before and is 4 years older than me, she is just looking for a husband who can look after her financially and doesn't want to stay unmarried and sisters wants to protect herself from haram.
I personally accepted but the main issue which is bothering me is the inheritance, as sharia has given a specific part to wife, so I discussed this issue with her and she said that she just want a husband who helps her in this world, and she says she is happy to give her right to my first wife, my question is if she agrees to give her right to my first wife will this be valid or not ?

I emphasize on this that this marriage is only a help to lady in need and not something to fulfil my desires, but I'm scared that this help doesn't destroy my aakhira by being unjust, as far as what I own, me and my wife have worked hard to earn it so I want to leave everything for my children and my first wife.
JazakAllah for your reply, may Allah swt reward you, Ameen.

Answer

It is not permitted to exclude any heirs from inheritance. (Kitaabul Meerath p15)

Only Allah knows best

Written by Molana Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham