What is the fatwa of ulooma-e-deen and ulooma-e-ha...
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:
What is the fatwa of ulooma-e-deen and ulooma-e-haq about the following?MY father Late Md.Salahuddin, expired in the month of feb 2009,exactly eleven months after the death of my mother.He had two sons and four daughters behind.Property owned by my father is one successfull running business of medicine.In that shop my father had 24% share,my elder brother 24%,younger brother 24% and rest belongs to the other friends and relatives.According to me the share of my father from the business has not been distributed in accordance with islamic inheritence law.my brothers believes that we should not get our father's share from the business shop,as my brothers are the ones who are working in the business.My two brohers distributed the share of my father which was total 24% among themselves into [12% each].Is it proper from the islamic point of law?The income from the profit of the shop owned by my father from the time of death of my father till today was never shared among me and my sisters.I too never asked for any share in the income from the shop expecting that someday my brothers will realise it and give me and my sisters the share of the profit from the shop but that did not happened .So far I would like to clarify that,I am not at all contributing anything or helping my brothers in running the shop.Am I entitled to receive the share in profits from the shop as per as islamic shariah from the date on which my father passed away till today.Now i REHANA AHMAD[silent sufferer],who is one of the youngest daughter of my father requesting the learned MUFTI SAHEB to reply my above queries in the light of Quran and hadeeth.
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Answer:
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 the demise of your father, whatever is in his name has to be distributed as per the laws of the Glorious Quran, in your family's case since the inheritors are your 2 brothers and 3 sisters (including you 4), is as follows:-
All the assets in your father's name will be divided in 8 shares and distributed as follows:-
2 shares each to the sons. Total 4 shares.
1 share each to the daughters. Total 4 shares.
Since your brothers are working in the medicine business they are entitled to take a reasonable remuneration in addition to their shares. But they cannot usurp your father's 24% share and divide it among themselves in lieu of working in the business. The profits have to be distributed as per the above ratio from the date of your father's demise.
There are two options in this situation. One is that a fair valuation of the business is made and the 24% amount of your father is divided as per the ratio above between your brothers and sisters. The second option is that the share of your father from the profits be divided as per the above ratio. The decision has to be made collectively whether you all want to en-cash your father's share from the business or leave it and share the profits.
There is no contradiction in the distribution of the assets between the living heirs. The Glorious Quran is very clear about this. Please refer to Surah 4 Al Nisa Ayah 11.
Tell your brothers to fear Allah swt as anyone who usurps the rights of orphans will be eating up a fire into their bellies and will soon endure a blazing fire in hell.
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,
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