The rights of a spouse over the property of each other after one dies are explained by the terms Dower and Curtesy. However, these terms are outdated. The laws of inheritance and the share of a spouse over a deceased spouse’s property are changed. Let’s discuss Dower and Curtesy in detail here.
Dower is the interest of the wife in her husband’s property. It is a certain fixed percentage or some value if the wife’s interest is not specified in the husband’s will after he dies. If the husband has left a will and the wife’s share is lower than that of the fixed percentage of the dower, she can elect to claim the dower.
Read Also, What is Dower?
In contrast to the dower, curtesy is the husband’s right on her wife’s property. The amount of curtesy may differ from dower besides the gender difference. In some cases, the husband was only entitled to the deceased wife’s property if they had a child in their marriage.
Dower and Curtesy in Islamic Law of Inheritance
As per Islamic law of inheritance, the husband gets half of his deceased wife’s property in case of no child. However, the husband gets a quarter of his deceased wife’s property if she had a child. In contrast, the wife gets a quarter of her deceased husband’s property in case of no child. Besides, she gets the eighth share in her deceased husband’s property if she has a child.
Related Information: Difference Between Nikah and Shaadi?
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