Inheritance Issue

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:

Respected Mufti Saheb, What is the fatwa and ruling of Ulooma-e-deen and Ulooma-e-Haq about the below : My father (Janab Sabirulla Saheb) expired in May 1998. He had a wife (my mother), five sons (1. Mohammed Younus, 2. Mohammed Farooq, 3. Mohammed Rafeeq, 4. Mohammed Ilyas and 5. Mohammed Siddique) and three daughters (1. Nasreen – myself, 2. Nazneen and 3. Farheen). The properties owned by my father were one house and one business shop. The properties have not yet been distributed to the above mentioned heirs as per the Islamic inheritance laws. In the house, my mother, my four brothers ( Younus, Farooq, Ilyas and Siddique) are living. The other brother (Rafeeq) is living separately in a rented accommodation for the past 2 years. Prior to my father’s death, he had married off his first daughter (my self) and the eldest son (Mohammed Younus). The business was run by my father. The third brother, Mohammed Rafeeq and fourth brother, Mohammed Ilyas were helping him in his business. Later after his death when the last brother, Mohammed Siddique completed his studies, he too joined the business in the same shop The eldest son and the second son were and are doing separate business elsewhere. After the death of my father, with the income from my father’s shop, the two daughters, Nazneen and Farheen were married off. The last four sons, Mohammed Farooq, Mohammed Rafeeq, Mohammed Ilyas and Mohammed Siddique too got married. The income from profits of the shop owned by my father, from the time of the death of my father till today was never shared to me. I too never asked for any share in the income from the profit of shop’s business, assuming that some day they will realize it and give me my share of profit from the shop, but that has never happened so far. My question to the learned Mufti Saheb is as follows. 1. Am I entitled for a share in profits from the shop’s business as the shop belonged to my father. Here I want to make it very, very clear that I have got NO role in everyday affairs of running the shop. I am NOT helping the three brothers mentioned above in running of the shop in any way. I do NOT contribute in any work in running of the shop. Am I entitled to receive a share in the profits from the shop, as per the Islamic Shariat from the date on which my father passed away till today and till the property is sold and divided among the heirs of my father. 2. If I ask for my share in the house and the shop owned by my father, am I comitting some kind of sin or am I not entitled to my share in my father’s property as per the Islamic Inheritance Laws. Also, how the properties should be divided among the heirs as per the Islamic Inheritance Laws. 3. Am I not entitle for my share in both the shop and the house even after 13 years of my father’s death, according to shariat laws. 4. Can the others (my mother, my brothers and my sisters) un-necessarily use the delaying tactics in distribution of the property among the heirs by citing reasons like ‘the property is not fetching the right amount from prospective buyer of the property’, and ‘will sell the property only if we get a predermined value for the property’. Again, I appeal and request the learned Mufti Saheb to reply in the light of Quran and Hadeeth to the above queries.

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Answer:

Inheritance Issue

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 after your fathers death his wealth should be divided amongst his heirs as follows:-

Wife: 12.5%

Balance amount divide by 13 shares and give

a) each of the sons 2 shares (total 10 shares)

b) each of the daughters 1 share (total 3 shares)

There is no sin on you whatsoever if you demand your share of the inheritance.

The brothers who are working in your fathers shop are entitled to a renumeration (reasonable) and all the profits should be divided as above.

Whoever is living in the house should pay the rent (market value) and divide the amount accumulated between the heirs as above.

The above arrangement should be followed till the properties are sold at which time the amount obtained should be divided in above proportion. All the time the members of the family must fear Allah swt and deal fairly with each other. Whoever does any injustice will be severely answerable in the just court of Allah swt on that inevitable Day of Judgement.

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

Your brothers and well wishers in Islam,

 

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