Is a widow have any share in the house of his father in law which was bought by the forefathers of her husband.
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:
Is a
widow have any share in the house of his father in law which was bought by the
forefathers of her husband.
If yes
then what is the percentage?
She
has not married again and living under the guidance of her brother in law along
with her three children (2 girls and 1 boy).
please
reply me.
(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:
Widow inheritance from in laws
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.
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verses 11-13:
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 Apostle
will be admitted to Gardens with rivers flowing beneath to abide therein (for
ever) and that will be the Supreme achievement.
Under normal circumstances, a believer in Shariah is a
legal heir and has been prescribed a share from the inheritance left behind by
their spouse, their parents, and their children; and some specific cases from their
blood relatives like their uncles, aunts, brothers, sisters, etc who are
survived by neither descendants nor ascendants.
A deceased son’s wife (widow) nor a deceased daughter’s
husband (widower) are not amongst the legal heirs in Shariah, and neither are
entitled to any share whatsoever of the inheritance left behind by their
deceased in-laws.
Your Question: Is a
widow have any share in the house of his father in law which was bought by the
forefathers of her husband.
In what ye (husbands)
leave their (the wife’s) 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. (Baqarah:12)
A widow is indeed entitled to a share of the inheritance
from the property which belonged to her deceased husband; but she would not be
entitled to inherit anything from the property which belongs to her
father-in-law, or any other blood relative of her deceased husband, absolutely
regardless of whether she has married again or not, or whether she has
off-spring or not.
The widow is entitled only to a percentage of the
inheritance left behind by her deceased husband; 1/4th if they have
no children from the marriage, and 1/8th if the couple have
children.
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