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:

My husband deserted me & my daughter , so i was asking him to give maintenance to me& my daughter,.

He and his father is having properties, my question is can I ask him my daughter`s share in his& his father`s property. 

(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:

Ask inheritance before death

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: ….My husband deserted me & my daughter , so i was asking him to give maintenance to me& my daughter,.

If by the term ‘deserted’ you mean your husband has merely separated from you and your daughter, he is indeed legally liable to bear all the living expenses of his wife and his daughter.

But if by the term ‘deserted’ you mean your husband has divorced you, then the husband is legally liable to bear the full living expenses of his daughter only.

If the husband sincerely fears Allah and the Last Day he must fulfill his financial obligations unto his family. If Allah forbid, the husband neglects his financial responsibility, you are well within your rights to take the matter to a Shariah Court who will demand that your husband fulfill his financial obligations unto you and/or your daughter.

Your Question: ….He and his father is having properties, my question is can I ask him my daughter`s share in his& his father`s property 

Firstly, neither you nor your daughter are legal heirs of the property or assets owned by your husband’s father according to Shariah Law. Daughters-in-law and grand-children are not considered legal heirs in Shariah Law, thus even at the death of your father-in-law, you or your daughter would not legally inherit anything from his estate.

If your husband has divorced you, then you as the divorced wife is no longer his legal heir and you would not inherit anything from your ex-husband’s estate after his death. Your daughter is indeed a legal heir of her father’s estate, and she is liable to inherit her portion of the share at his death.

Inheritance can only be demanded, received, and distributed after death….the legal heirs have absolutely no right to demand that their share of the inheritance be distributed unto them before the death of the one who owns the estate.

You and/or your daughter are well within your rights in Shariah to demand that your husband pay for your full financial upkeep; but neither you nor your daughter have the right that you demand that your share of the inheritance be given to you before your husband’s death!

Whatever written of Truth and benefit is only due to Allah’s 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