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In India dowry is a common social problems.

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:

Dear Brother, I have following questions and would be grateful for your early response.

 

1. When should the property (Meeraas) of a deceased person be devided among heirs (Wursaa')? Should it be immediately after death or can this be done after some years? Among heirs, some are married and some are unmarried, if the division is delayed and the property is used by sons and unmarried girls, then is it not an injustice to married girls as their share is being used by their siblings?

 

2. In India dowry is a common social problems. For a girl's marriage, say 300,000/- rupees expenses are to be borne. How this money be arranged? Should this money be kept aside from the meeras (like debt) and then property be devided OR from the share of the girl this money has to be spent with her willingnes?

Kindly clarify.

 

(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:

 

When should inheritance be divided

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.

 

Your Question: When should the property (Meeraas) of a deceased person be devided among heirs (Wursaa')? Should it be immediately after death or can this be done after some years?


Islam guides that the prescribed shares be determined and delivered to the legal heirs of the deceased immediately or as soon as possible after the death of the deceased.

 

If one or more of the legal heirs are small children, their share of the inheritance can be held in a trust or under the guardianship of a trusted person and delivered to them when they reach the age of understanding. But the determination of shares of the legal heirs is best made immediately or as soon as possible after the death of the deceased.

 

But if for any reason, all the legal heirs are unanimous in their agreement that they do not have an issue or concern if the shares are divided after a considerable period of time, there is absolutely no harm.

 

Your Question: Among heirs, some are married and some are unmarried, if the division is delayed and the property is used by sons and unmarried girls, then is it not an injustice to married girls as their share is being used by their siblings?

Absolutely regardless of whether some amongst the legal heirs are married or unmarried, adults or children, etc.under normal conditions, the shares of each is best determined and delivered to the legal heirs immediately or as soon as possible after the death of the deceased.

 

It would be absolutely unlawful, manifest injustice, and misappropriation of inheritance in the Sight of Allah Subhanah for some heirs to use the inheritance property for their own benefit at the expense of the other legal heirs.

 

Your Question: In India dowry is a common social problems. For a girl's marriage, say 300,000/- rupees expenses are to be borne. How this money be arranged? Should this money be kept aside from the meeras (like debt) and then property be devided OR from the share of the girl this money has to be spent with her willingnes?

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 34:

34 Men are the protectors and maintainers of women because Allah has given the one more than the other, and because they support them from their means.

 

The complete financial responsibility of the upkeep of the wife after marriage is laid upon the shoulders of the husband in Islam.

 

If by the term dowry or jahayz you mean to inquire about the pagan ritual whereby it is customary amongst the pagan cultures today where the family of the groom demands or it is considered a requirement for the guardians of the bride to provide financial assistance, or a house, or furniture, or a car, or even cash to the groom upon marriage; then such rites and rituals and requirements of dowry or jahayz are absolutely discouraged and forbidden in Islam.

 

The majority of the scholars in Islam are of the opinion that it is highly disliked, deplorable, and absolutely discouraged in Islam that the husband, upon whom Islam has laid the complete financial responsibility of the wife in marriage, should ever ask or demand as a condition of marriage that he be financially rewarded by the guardians of the bride.

 

In direct contrast to dowry, Islam guides and has made it an obligatory condition of Nikaah that a man who wishes to marry should generously fulfill the condition of mehr and according to his means pay the demanded amount as a free gift to his bride upon marriage.

Allah says in the Holy Quran Chapter 4 Surah Nisaa verse 4:

And give the women (on marriage) their dower (mehr) as a free gift; but if they of their own good pleasure remit any part of it to you , take it and enjoy it with right good cheer.

 

But if the parents or guardians of the bride, absolutely without any pressure or coercion (from the groom, or the grooms family, social, cultural, etc.), and of their own free will and pleasure wish to gift their daughter or the groom with anything, there is absolutely no harm in the couple accepting such gifts from them.

 

But if the groom, or the grooms family, or social or cultural pressures demand and/or make it a condition of marriage that the guardians of the bride are required to pay something in order for the marriage to take place.then such a demand would be absolutely unjustified and unwarranted in the Sight of Shariah.

 

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

 

Your brother and well wisher in Islam,

 

 

Burhan

 


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