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Will Marriage in Community of Property Affect the Estate

Q: According to Shariah, will marriage in community of property affect the distribution of the estate of a spouse?

A: In principle, from a Shariah perspective, when a spouse dies, whether they were married legally under community of property or not, they will only be entitled to their Shari' share according to the Islamic law of Inheritance and Succession. Marriage in Community of Property does not automatically give effect to the proprietary regime and the consequences thereof in terms of Islamic Law.

And Allah Knows Best
Darul Ihsan Fatwa Dept.

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25/05/2023

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