Is it permissible in a misyaar marriage for the wife to forfeit the right to inheritance at the time of writing the marriage contract, if her husband dies when she is still married to him?.
Praise be to Allaah.
If the misyaar marriage fulfils the conditions and
necessary parts of marriage and is free of any impediments, then it is a
valid marriage in which all the consequences of marriage take effect,
including inheritance. So each spouse inherits from the other. If one of
the spouses stipulates that the other should forfeit his or her
inheritance in the event of death, this stipulation is not valid because
the legacy cannot be taken possession of until after the death of the one
from whom it is inherited. Forfeiting it before that is forfeiting
something that one does not possess. But if this forfeiting comes after
becoming entitled to the inheritance, which is after the death of the
person concerned, and is done willingly and freely by the one who is
forfeiting it, then it is permissible.
Shaykh Bakri al-Sadafi (may Allah have mercy on him), the
former Mufti of Egypt, said: If they get married on condition that one will
not inherit from the other if he or she dies, this condition carries no
weight and either inherits from the other if he or she dies.
End quote from Fataawa al-Azhar.
And Allah knows best.