Obligation of returning the wife's rights over her husband from the inheritance
Q 3:
A man did not fulfill his wife's rights during his lifetime. Feeling that death is approaching, is it permissible for him to bequeath some cubits of his land to the wife in return for the rights he had taken from her?
A:
If he is legally liable, according to Shari`ah (Islamic law), for the rights he has taken from her while he is alive, it would be permissible to bequeath some cubits of his land to the wife in return for (Part No. 16; Page No. 331) the rights he had taken from her if the amount bequeathed is equal to the right he is liable for. Moreover, this amount is to be taken out of the estate as a whole; not merely out of the one-third. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.