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Women share in property.

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:

Assalam-valikum, We are 8 sisters and one brother all are married, our only brother runs fathers business after father became ill, business is running very well and with business income 4 amongs 8 sisters got married after brothers takeover of business. My parents are alive are planning to inherit their property, we came to know that they are planning to give most of it to our brother without proper distribution, stating that he is taking forward family business and looking after house hold expenses, although my parents are religious minded but afraid of the son,they think he might get offended if major portion is not given to him, he too is pressurizing parents by lying he is got loan etc. and employing all ploys to influence them. As sisters we are very concerned and its taboo in our society to question parents on subject of property, is it ok if we plan to talk straight on a/m subject to our parents. Kindly enlighten us through shariahs ruling on a/m subject

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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.

Sister, first of all it is advisable for your father not to distribute his wealth in his life time. For us Muslims, Allah swt has made it so easy for the inheritance to be distributed after one's demise. He ajjavajal has nominated the percentages of the assets to be distributed to each heir in the Quran by which there is no controversies. Secondly, if your father is afraid of his son then he should definitely not transfer his wealth as no one knows how long one is going to live. If the father transfer all his wealth to his son, and Allah swt gives him a long life, the son will boss over the father and make life miserable for him and force him to beg for what is actually his own.
 
The children only inherit after the demise of the father. Till he is alive he should keep it in his name so that everyone will respect and honor him. If he has no wealth even his own children will not respect him. The father need not worry as he is not responsible for the distribution after his demise. Allah swt in His infinite knowledge has made everything clear. The father cannot change the percentages nor can he give more to one child and less to the others. This will make him accountable to Allah on the Day of Qiyamah. It does not make sense to favor any one of his heir over the other as it is not his call. There is ajr in following Allah swt commands and a grievous penalty for dis-obeying.
 
The father can will up to 1/3 of his assets to any non-mehram if he wishes, but he cannot will any of his legal heirs anything more or less as decreed in the Holy Quran. His heirs will get exactly as detailed in the Quran. If the father gives anything in his life time to any of his heirs, he will be severally accountable for his unfairness. 
 
In your family's case, since your brother is working, the father should give him an appropriate salary. His inheritance cannot be changed. If he has taken a loan (which is haraam in any case, and should be stopped as soon as possible), it will not effect the inheritance as the distributions are always made after all loans and debts are paid.
 
If your father expires the assets in his name should be distributed as follows:
 
his wife to get            12.5%
the son to get            17.5%
each daughter to get  8.75%
 
after all loans and debts are paid.
 
If you think your father is about to make the grave mistake of distributing his wealth before his demise, then one or two of the daughters he loves the most should approach him with your mother and or uncle and humbly update him with the Shariah laws and requirements. If one changes the percentages of his heirs, it will mean that he knows more than Allah swt.. The father should refrain from sinning on account of his son, as the penalty in the hereafter will be unbearable. It would mean he unjustly gave away the rights of his daughters and for that he would have to bear a heavy penalty. It is unbelievable that a father will be unjust to his children. Just imagine a man who has lived as an Allah swt fearing man all his life, now commits this grave sin of usurping others rights. Astagfirullah al azeem.
 
May Allah swt guide your father aright. InshaAllah.  

Whatever written of Truth and benefit is only due to Allahs 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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