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Inheritance issues.

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:

Assalamuallekum Warehmatullay

 

I want to ask in regard to distribution of property.  My father want to give the share of our  sisters in his property .  How he has to give their share according to Holy Quran and Hadith. My father has two house and we are including me two brother and two sister and my father has no much money that he may give to our sister in cash.  In such case how he can distribute his proper in the light of Holy  Quran and Hadith.  Please guide us in all the matter of property and wealth.

 

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Answer:

 

Inheritance issues

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.

 

Respected brother in Islam, as long as your father is alive, he is the inherent owner of his own wealth.and during his lifetime he is well within his rights in Islam to give a part or all of his wealth to whomsoever he wills and pleases as a gift.

 


It is only after one dies, that the wealth left behind by the deceased has to be distributed amongst his/her surviving legal heirs, according to the exact shares prescribed for each heir by Allah Subhanah in His Glorious Quran.

 

Say a believer has two houses whose total market value is 100,000.00; and at his death his only surviving legal heirs are his four off-springs, two sons and two daughters. (The other legal heirs, ie. the father, the mother and the wife of the deceased have died before him). In such a situation, the wealth of the deceased will be shared amongst his two sons and two daughters as follows:

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa 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.

 

Because in this particular case, the only surviving legal heirs of the deceased are two sons and two daughters, the total wealth of 100,000.00 will be divided into six equal parts of 16,666.66; and the sons will receive twice the share of the daughters.

 

  • Thus each of the two daughters will receive 16,666.66.
  • And each of the two sons will receive 33,333.33.

 

We reiterate again that as long as one is alive, one is the inherent owner of ones wealth.and one is at liberty to gift a part or all of their wealth to whomsoever they wish and please in their lifetime. It is only after ones death that the legal surviving heirs have a right to demand their share of inheritance from the wealth of their deceased loved one.

 

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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