Bias of 'self earned' Property division/distribution before and after one's death
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:
Assalamualaikkum! I request you to please give a clear answer and guidance in the following matter: My father had two wives, He had four sons and three daughters to the first wife. After her death he married second wife and through her he has five sons and three daughters. During his life time, he has given some properties to one of his sons of first wife and he has not given anything to other sons or daughters of the first wife. He has registered most of his self earned properties on the names of five sons of his second wife to avoid government tax/income tax problems. He had done this without getting consent from his daughters. Moreover,He has not registered any property on his daughters name. He has spent money on children education and marriages. He died after a brief illness. After his death, five sons of the second wife (my brothers) have taken all the properties (movable and unmovable) claiming that father had given those properties to them during his life time. The sons did not give any thing to their sisters (siblings). Inshort, male siblings enjoy all properties and female siblings did not get any property? Is it islamic? Was the action of father correct? Is the action of the sons (brothers) correct? should all the sons give back their properties for redistribution among all sons and daughters for common islamic way of inheritance? can the major sin committed by the father in giving all the properties to his sons and depriving the daughters be rectified by the sons? if not done so, what is the punishment to the father and his sons for this injustice? Kindly explain in detail to this unfortunate daughter. wasalaam.
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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.
Technically a person is the owner of the wealth that he has accumulated in his life time. If he decides to give his heirs or anyone in his life time there is no law which can stop him. If for tax purposes etc. he puts some assets in some of his children's names, then he should leave a written will witnessed by honorable people of his intentions so that there is no confusion after his demise. If he failed to do that and there was no discussion and no instructions given then it would mean he had gifted the asset in whose name it is registered officially.
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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