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Suing father to sharia court

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalamoalekum,
                        I am writing from India. I have some doubts in my mind which i want to clear through this platform.
First of all i would like to ask that can a person sue his father or go to qazi or sharia court if he is not doing justice in inheritance among his children, or giving entire property to a particular child ? Does he has got the right to distribute wealth according to his will ?
Secondly here in India there is no such sharia court or qazi. So is it right to impose social boycott against that man ?
because in my opinion he has not got any right to make the inheritance according to his desire for it is clearly mentioned in the Quran how to distribute it. I think moral and legal laws are separate entities in Islam. A father cannot be set scott free if he damages an eye of his son or anything else, because there is an eye for an eye in Islamic law. Peace and justice are corollary to each other, one cannot sustain without the other. So if he his doing injustice among his children he is spoiling the society. So is it correct to impose social boycott against him ?
Your reply is awaited. Jazakallah khair.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Brother one must remember that Allah swt has given the rizq and wealth to your father and he is the sole owner of the same in his life time to do what he pleases with it. Of course he will be answerable to Allah swt alone as to how he spent the wealth that he was granted, but nobody else can question him in this regard. As an obedient and dutiful son you have no business to question how your father spends or distributes his wealth in his life time. The fact that you have questioned this means you have not been able to keep in good terms with him.

Look at the absurdity of your language and the punishment you want to mete out to your own father, like socially boycotting him. There is no command in the Glorious Quran that a father has to distribute his wealth amongst his heirs in his life time according to some set formula. However, there are many instances wherein the son has been commanded to be absolutely obedient to his father. The fact is brother your father can legally spend and/or give away his wealth as he desires without any hinderance from any law. This wealth is his completely and he can actually do whatever he pleases with it and he is answerable to none except his Majestic Lord.

So if you want a chance to inherit this after his demise, you better get your act together and tow his line as per his desires and start with being loyal and obedient to all his legal commands. The only other alternative is go and earn your own wealth. Only after his demise his wealth will pass on to his living heirs according to the dictates of the Noble Quran. But, if he has distributed or given away all his wealth in his life time, he is well within his rights and there is nothing anyone can do or should do.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Members of Islamhelpline


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