Islamic marriage advice and family advice

Deceased Father – Unknown Marriage



May Allah give me strength to explain my question with truth.

I am seeking help for an issue below related to my deceased father.

A day after my father died, a lady come to our home and claimed that she was also the wife (not my mother) and has two sons and a daughter from him (all under 15 years).  She told us that your father came to her house two days before death and complaining about the fatigue and weakness. She also told us that you have two brother to whom you are responsible to take care (mentioned above). She told that she don't need anything but monthly amount for the education of her children. I asked her about the proofs and she said that she have all the proofs. She told that everyone in her place know that my Father was the father of her kids.

I haven't met or even saw the lady before, however she is the daughter of the my father old peon who used to come to our home for asking for financial help. I was in contact with my father for whole life and he never mentioned about the second marriage. Also I searched his documents to find anything related to marriage but not able to find anything.

My father earning was pension from gov department where he declare only my mother as a wife and rents from the shops. He left a house, some agriculture land in village and few bank accounts and certificates. After his death, pension has stopped until it transferred to my mother and the bank accounts and certificates are locked. My mother is going to stay in house and expecting to use shop rents for house maintenance and running cost.

My questions are:

1. Do we need to immediately start helping her as she told that my father haven't left anything for her and kids to survive (she called later to provide this information) or waiting for the verification which may take time?

2. Is it our responsibility to verify her documents for proof or ask her to get justice for the justice system available?

3. If she will not approach the justice system, Is there any liabilities on us.

Thanks, Afzaal

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2 Responses »

  1. Sister,

    You don't know this woman and are under no obligation to do anything for her. The burden of proof is on her and her alone. She can go to the courts and fight her battle with them. If what she says is true, then the courts will assist her. It is not your job nor your mothers to do anything. If she will not approach the justice system, then it makes you wonder if her claims are true. DNA testing can also confirm if the children in question are in fact the offspring of your father. You most certainly want to meet with a lawyer if you can afford to do so. It would probably be in your best interests.


  2. Assalaamualaikam

    I would agree that the burden of proof rests with her - if she is now claiming that she is entitled to support, she needs to demonstrate that she really is entitled to it.

    Without being cruel or rude, you can advise her that she needs to go through the appropriate legal channels, and that no financial agreements will be entered into without her doing this. I'd also advise that you contact a lawyer yourself, as it could be that this woman is attempting to take advantage of your family.

    I am sorry for your loss. May your father find peace and be granted a place in Jannah, inshaAllah.

    Midnightmoon editor

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