Islamic Inheritance law for second wife

Question

AoA, What is the law for inheritance for a second wife who has a kid from previous marriage when the man has also 2 kids from a previous marriage and has divorced his first wife? The couple doesn't want to have children from the new marriage as each has child/ren already from their previous marriage. JazakAllah

Answer 1

There is no difference between first wife and the second wife.

If the woman has children from a previous marriage then this is irrelevant to inheritance, as those children will not inherit from their step-father nor will they effect the share which their mother receives from her husband.

If the husband has biological children of his own then that will reduce the share of the wives. These children can be from the first wife or the second wife or any other wife or concubine. It is only essential that they be the biological children of the deceased husband.

So, to answer your question: In this case the wife will receive 1/8^th of the estate - after deduction of any debts and bequests - provided that she is still alive and married to the husband at the time of his death.

فإن كان لكم ولد فلهن الثمن مما تركتم من بعد وصية توصون بها أو دين

If you leave a child, then for the wives is an eighth of what you leave, after any bequest you [may have] made or debt.

^{— Quran 4:12}