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Sunan an-Nasai 3356 (Book 26, Hadith 161) #17968
Dowry, Iddah & Inheritance for Unconsummated Marriages

SUMMARY: A woman who was married but not consummated the marriage before her husband's death should receive a dowry and observe the 'Iddah period, and she may also inherit.

It was narrated that 'Abdullah said, concerning a man who married a woman, then died before consummating the marriage with her, and without naming a dowry: "She should have the dowry, and she has to observe the 'Iddah, and she may inherit". Ma'qil bin Sinan said: "I heard the Prophet pass the same judgment concerning Birwa bint Washiq".
أَخْبَرَنَا إِسْحَاقُ بْنُ مَنْصُورٍ، قَالَ حَدَّثَنَا عَبْدُ الرَّحْمَنِ، قَالَ حَدَّثَنَا سُفْيَانُ، عَنْ فِرَاسٍ، عَنِ الشَّعْبِيِّ، عَنْ مَسْرُوقٍ، عَنْ عَبْدِ اللَّهِ، فِي رَجُلٍ تَزَوَّجَ امْرَأَةً فَمَاتَ وَلَمْ يَدْخُلْ بِهَا وَلَمْ يَفْرِضْ لَهَا قَالَ لَهَا الصَّدَاقُ وَعَلَيْهَا الْعِدَّةُ وَلَهَا الْمِيرَاثُ ‏.‏ فَقَالَ مَعْقِلُ بْنُ سِنَانٍ فَقَدْ سَمِعْتُ النَّبِيَّ قَضَى بِهِ فِي بِرْوَعَ بِنْتِ وَاشِقٍ

TOPICS
marriage  *  dowry  *  inheritance  *  iddah

QUICK LESSONS:
Respect women’s rights in Islam; Give justice regardless of gender or marital status; Follow Islamic laws regarding inheritance; Observe ”˜Iddah period after widowhood; Provide dowries for unconsummated marriages

EXPLANATIONS:
This hadith discusses the rights of a woman who is married but whose marriage is not consummated before her husband's death. According to this hadith, she should receive a dowry as if they were married in full, observe the 'Iddah period which is four months and ten days for widows according to Islamic law, and she may also inherit from her deceased husband. This hadith emphasizes that women have rights even if their marriages are not fully consummated due to unforeseen circumstances such as death of one of the spouses.

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