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Inheriting from a Deceased Father: Can an Unborn Child Claim the Estate?

Q: A man passed away and left a wife who is 8 months pregnant. Will this child which is still in the womb of the mother inherit from the fathers estate?

A: Yes, the child will inherit. If it is a boy, he will inherit the share of a boy and if it is a girl then it will inherit the share of a girl.

( ووقف للحمل حظ ابن واحد ) أو بنت واحدة أيهما كان أكثر وعليه الفتوى لأنه الغالب ويكفنون احتياطا (الد المختار 6/800)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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