Muslim woman denied share after husband’s death seeks justice

Question: I am a Muslim woman married to a Muslim man. Four months ago, my husband divorced me. Two months later, he returned. However, we did not document this return in front of the court. A month ago, my husband died.

Notices for the heirs were extracted from the Sharia Court, but my name was not included in the notices for the heirs, as the court considered me divorced. How do I prove before the court that the divorce was overturned and I am one of the heirs too?

Answer: According to Article 276/3 of Federal Law No. 28 under Personal Status Law, the ascertainment of death and succession stands as a conclusive evidence unless otherwise adjudicated or if the court decides to stay its conclusiveness.

The court shall issue a certificate of inheritance limiting the heirs and indicating the shares of each in the succession.

And as per Article (1/1) of the Law of Evidence in Civil and Commercial Transactions, the plaintiff must prove his right, and the defendant has the right to deny it.

You have to file a case for the entry and removal of Muslim heirs in front of the Sharia Court to prove that you are still the wife of the deceased until his death, to include you as an heir in the legal inheritance inventory and to cancel the inheritance certificate issued before by the court and to issue a new one with your name included, taking into account that the burden to prove that you are his wife until his death, falls on you.