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Inheritance of mother.

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:

As-salam-o alykum Burhan bhai.

i have this question over my mind from many years now.i hope i will get my answer from you.

My father has 3 brothers and no sisters.My father passed away when we were young,later his younger brother also passed away...after thr death my dads mom(my gandma)passed away.she had kept little property.later my dads eldest brother advised to divide the property among his 4 brother but then later he told my mother and my aunt that we will get no share from my gandmas property as according to islam law,if son is passed away before parents then no property should be given to his family.

 

Burhan Bhai i would appreciate u if u enlighten me on this matter truely at the earliest..we were very hurt when our uncle told this inspite he knew we wouldnt have asked for any share.

shukriya

Allah Hafiz

 

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Answer:

 

Inheritance of mother

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.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 11-14:


11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.

12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13 Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

14 But those who disobey Allah and His Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment.

 

Respected Sister in Islam, Shariah Law declares that only those legal heirs who survive the deceased have a right in the property left by the deceased.

 

Under normal conditions, the legal heirs whose shares are prescribed by the Lord Most Wise Most High are:

  1. Ones father
  2. Ones mother
  3. Ones spouse
  4. Ones son/s
  5. Ones daughter/s

 

Thus when your father passed away, whoever amongst the above five listed heirs were alive at the time of his death would have a prescribed share in the property left behind by him.

 

If your father passed away before the death of his mother (your grand-mother), obviously he or his wife or his children have absolutely no share in the property left behind by his mother (who passed away after him). The wife or children of ones deceased son are not considered legal heirs in the Sight of Shariah Law.

 

The heirs of your fathers deceased mother (your grandmother) are her surviving legal heirs: ie. her parents (if alive), her husband (if alive), and her sons and daughters who were alive at the time of her death.

 

Thus sister, in the situation described by you, your uncle is absolutely right in his determination that the wife and/or children of her deceased son are not the legal heirs of his deceased mother in Shariah; and thus they would not receive any share of the property left behind by his deceased mother.

 

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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