She has a company with her husband; if he dies, will his second wife and her children inherit it?

Ifyou started the company with your own money, then you have the right to retainownership of the company completely in your name from now, and not after yourhusband dies, but you should work out your husband’s share of this company inreturn for the work he did and his running of the company, either in the form ofa sum of money that he takes in return for that, or in the form of a portion ofthe shares equivalent to the work he did.

Inthat case, you will have protected your rights and your property and yourhusband will have his rights commensurate with his work.

Thenif your husband dies, the wealth that he leaves behind will be shared out,whether it came from this company or otherwise, among all of his heirs,including the children he had before he married you, and his second wife,according to the shares allocated to them in sharee‘ah.

Ifthe official papers are in your husband’s name, he can correct that and putthem in order from now; that should not be left until after he dies.

Ifhe cannot do anything about that now, or if it willadversely affect your company, then he can write that in the form of a will.

Buthe should not bequeath anything of his private wealth to you, because he doesnot have the right to make a bequest to any of his heirs from his wealth. Allahhas allocated to them what they are entitled to as inheritance. Rather he isonly documenting your original right to the company. The Prophet (blessings andpeace of Allah be upon him) said: “Allah has given everyone who has rights hisrights, and there is no bequest to an heir.” Narrated by Abu Dawood, 2870; classed as saheehby al-Albaani (may Allah have mercy on him) in Irwa’ al-Ghaleel,no. 1655. It was also narrated by ad-Daaraqutni(4150) as follows: “It is not permissible to make a bequest to an heir unless(all) the heirs consent to that.” Classed as hasan by al-Haafiz Ibn Hajar in Bulooghal-Maraam.

Ibn Qudaamah (mayAllah have mercy on him) said: If he makes a bequest to his heir that the otherheirs do not agree to, it is not valid, and there is no difference of opinionamong the scholars on this point. Ibn al-Mundhir and Ibn ‘Abd al-Barr said: The scholars are unanimously agreed onthat, and there are reports to that effect from the Messenger of Allah(blessings and peace of Allah be upon him). Abu Umaamahnarrated: I heard the Messenger of Allah (blessings and peace of Allah be uponhim) say: “Allah has given everyone who has rights his rights, and there is nobequest to an heir.” Narrated by Abu Dawood,Ibn Maajah and at-Tirmidhi. But if they give their consent, it ispermissible, according to the majority of scholars.

Endquote from al-Mughni, 6/58

AndAllah knows best.