I have qutestion related to distribution of wealth & properties after death. I have only daughters & no son
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:
Dear brothers,
Aslamu-Alaikum,
May Allah subhanah reward you for your efforts. I have qutestion related to
distribution of wealth & properties after death. I have only daughters
& no son, I have house & some agriculter land. As per Islamic Laws, my
property will be distributed to my daughters, my wife as well as to my brothers & sister after my death.
My qutestion is that
in my life if I transfer my all properties to my daughters, will that be
against will of Allah
Subhanah, and I am making a sin, knowing that there are other
peaple entitle (my
brothers & sister)after the death.
Regards
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Answer:
Distribution of property 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 no one (no idol, no person,
no grave, no prophet, no
imam, no dai, nobody!) worthy of worship but Allah Alone,
and we bear witness that Muhammad (saws) is His slave-servant and the seal of
His Messengers.
Dear and Beloved Brother in Islam, a believer is
not the intrinsic owner of his wealth and property, but rather only a custodian
of the provision that the Lord has bestowed upon them. Upon a believer’s death, Allah Subhanah, in
His Supreme Wisdom and Mercy, has assigned a share of the deceased property to the
deceased’s legal heirs which must be paid out to them in full.
Your Question: My qutestion is
that in my life if I transfer my all properties to my daughters, will that be
against will of Allah Subhanah, and I am making a sin, knowing that there are
other peaple entitle (my brothers & sister)after the death.
As long as one is
alive, one has the liberty to spend or give his wealth to anyone he/she wills
as a gift; but if one distributes their wealth in their lifetime only so that
he may diminish or exclude the inheritance due to some of their legal heirs,
then it would be tantamount to depriving the prescribed right of those heirs,
and would indeed be considered a grave and heinous sin in the Sight of Allah
Subhanah. Thus it all depends on the
intention of the person at the time of distributing or gifting his wealth to
others before his death.
Your Statement: I have only
daughters & no son, I have house & some agriculter land.
As per Islamic Laws, my property will be distributed to my daughters, my wife
as well as to my brothers & sister after my death.
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.
Just to clarify the rules of Shariah inheritance,
if you have no sons and your parents are alive, your legal heirs would be your
father, your mother, your wife, and your daughters; and your brothers and
sisters would not get anything from the wealth that you leave behind.
Only in the case if your father has died and you
have no sons will your brothers and sisters be entitled to a share of the
wealth you leave behind.
Scenario-1: the deceased’s wealth is
$10,000.00 and is survived by his father, mother, wife, and daughters (two or
more) but no sons.
The daughters will inherit 2/3rds of the wealth or
$6,666.67 distributed equally amongst them if two or more.
The wife will inherit 1/8th or $1250.00
From the balance $2,083.33 the mother will inherit
1/3rd ($694.44) and the father 2/3rd ($1,388.89).
The brothers and sisters of the deceased will not
get anything.
Scenario-2: the deceased is survived by his
father, wife, daughters (two or more); meaning no sons and no mother.
The daughters will inherit 2/3rds or $6,666.67
distributed equally amongst them if two or more.
The wife will inherit 1/8th or $1,250.00
The father will inherit the balance $2,083.33
The brothers and sisters of the deceased will not
get anything.
Scenario-3: The deceased is survived by his
mother, his wife, and daughters (two or more); meaning no sons and no father.
The mother will inherit 1/6th or
$1.666.67
The daughters will inherit 2/3rd or
$6,666.67 distributed equally amongst them if two or more.
The wife will inherit 1/8th or $1,250.00
The balance $416.67 will be distributed between all
the brothers and sisters of the deceased whereby the brothers will receive
twice the share of the sisters.
Scenario-4: the deceased is survived only by
his wife and daughters (two or more); meaning no sons, no father, and no
mother.
The wife will inherit 1/8th or $1,250.00
The daughters will inherit 2/3rd or
$6,666.67 distributed equally amongst them if two or more.
The balance $2,083.33 will be distributed between
all the brothers and sisters of the deceased whereby the brothers will receive
twice the amount of the sisters.
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
Wister