If a wealthy widow with children decides to remarry, can she put a clause in her marriage contract saying that after her death only her children will inherit from her and her new husband will give up any inheritance rights?
Question
The basic principle with regard to contracts and conditions is that they are permissible and valid, and none of them are Haraam or invalid except that which is contrary to Shariah. Stipulating that the husband should be deprived of inheriting in the event of wife’s death is a condition that is contrary to Shariah, because it is cancelling out the right of the husband that Allah Ta’ala granted him to a share of his wife’s wealth in the event of death.