Excluding the bedroom and the wife's property from the husband's inheritance

Question:

A man died leaving a furnished house, including the bedroom. Does the bedroom with all its accessories belong to his widow or it should be shared among the heirs? The widow had lent the deceased some of her gold to help him complete a project. Should the value of this be taken from the estate and repaid to the widow or not? The orphans’ guardian lives in Riyadh, but the children and their mother live in Amman. As it would cost a lot to move them from Amman to Riyadh, is it permissible to transfer the children’s guardianship to Amman to be nearer to them? Please give us your Fatwa (legal opinion issued by a qualified Muslim scholar) on this, may Allah reward you with the best!

Answer:

The contents of the bedroom and anything else that belongs to the widow has nothing to do with the inheritance; as all of these are among the things belonging to the wife. If it is confirmed that the deceased had taken the loan, it is a debt owing by him that should be settled from the estate like any other debt. As for transferring the children’s guardianship from Riyadh to Amman, this matter is under the jurisdiction of the Islamic Law Courts.

May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

  • Date: Muharram 12, 1442 AH
  • Source: Fatawa Al-Lajnah Ad-Da'imah no. 4724
  • Muftis: Shaykh Abdul-Aziz ibn Baz , Shaykh Abdullah ibn Ghudayyan , Shaykh Abdul-Razzaq al-Afify