In India dowry is a common social problems.
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 Brother, I have following questions and would be
grateful for your early response.
1. When should the property (Meeraas) of a deceased
person be devided among heirs (Wursaa')? Should it be immediately after
death or can this be done after some years? Among
heirs, some are married and some are unmarried, if the division is
delayed and the property is used by sons and unmarried
girls, then is it not an injustice to married girls as their share is
being used by their siblings?
2. In
Kindly clarify.
(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:
When should
inheritance be divided
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.
Your Question: When should the property (Meeraas) of a
deceased person be devided among heirs (Wursaa')? Should it be immediately
after death or can this be done after some years?
Islam guides that the prescribed shares be determined and
delivered to the legal heirs of the deceased immediately or as soon as possible
after the death of the deceased.
If one or more of the legal heirs are small children,
their share of the inheritance can be held in a trust or under the guardianship
of a trusted person and delivered to them when they reach the age of
understanding. But the determination of
shares of the legal heirs is best made immediately or as soon as possible after
the death of the deceased.
But if for any reason, all the legal heirs are unanimous
in their agreement that they do not have an issue or concern if the shares are
divided after a considerable period of time, there is absolutely no harm.
Your Question: Among heirs, some are married and
some are unmarried, if the division is delayed and the property is
used by sons and unmarried girls, then is it not an injustice
to married girls as their share is being used by their siblings?
Absolutely regardless of whether some amongst the legal
heirs are married or unmarried, adults or children, etc….under normal
conditions, the shares of each is best determined and delivered to the legal
heirs immediately or as soon as possible after the death of the deceased.
It would be absolutely unlawful, manifest injustice, and
misappropriation of inheritance in the Sight of Allah Subhanah for some heirs
to use the inheritance property for their own benefit at the expense of the
other legal heirs.
Your Question: In
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verse 34:
34 Men are the protectors and maintainers of women because Allah has
given the one more than the other, and because they support them from
their means.
The complete financial responsibility of the upkeep of the
wife after marriage is laid upon the shoulders of the husband in Islam.
If by the term ‘dowry’ or ‘jahayz’ you mean to inquire
about the pagan ritual whereby it is customary amongst the pagan cultures today
where the family of the groom demands or it is considered a requirement for the
guardians of the bride to provide financial assistance, or a house, or
furniture, or a car, or even cash to the groom upon marriage; then such rites
and rituals and requirements of dowry or jahayz are absolutely discouraged and
forbidden in Islam.
The majority of the scholars in Islam are of the opinion
that it is highly disliked, deplorable,
and absolutely discouraged in Islam that the husband, upon whom Islam has laid
the complete financial responsibility of the wife in marriage, should ever ask
or demand as a condition of marriage that he be financially rewarded by the
guardians of the bride.
In direct contrast to dowry, Islam guides and has made it
an obligatory condition of ‘Nikaah’ that a man who wishes to marry should
generously fulfill the condition of ‘mehr’ and according to his means pay the
demanded amount as a free gift to his bride upon marriage.
Allah says in the Holy
Quran Chapter 4 Surah Nisaa verse 4:
And give the women (on marriage) their
dower (mehr) as a free gift; but if they of their own good pleasure remit
any part of it to you , take it and enjoy it with right good cheer.
But if the parents or guardians of the bride, absolutely
without any pressure or coercion (from the groom, or the groom’s family,
social, cultural, etc.), and of their own free will and pleasure wish to gift
their daughter or the groom with anything, there is absolutely no harm in the
couple accepting such gifts from them.
But if the groom, or the grooms’ family, or social or
cultural pressures demand and/or make it a condition of marriage that the
guardians of the bride are required to pay something in order for the marriage
to take place….then such a demand would be absolutely unjustified and
unwarranted in the Sight of Shariah.
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