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:

Assalam U Alaikum

My mother is harrased me and my wife know she is harassing my brother and his wife and giving away all my fathers wealth to my one sister i want to know how is wealth distributed among the family members my father is alive i wish if he puts his will in his life as i feel i will not get anything after he dies or i die my wife & children will not get anything. if i dont get anything i have no problem but why should only one of our sister gets all the wealth. let me know how to deal with this issue.

Allah Hafiz

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Answer:

Father gives all wealth to one daughter

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.

Sahih Al-Bukhari Hadith 3.818 Narrated by An Numan bin Bashir

My mother asked my father to present me a gift from his property; and he gave it to me after some hesitation. My mother said that she would not be satisfied unless the Prophet (saws) was made a witness to it. I being a young boy, my father held me by the hand and took me to the Prophet (saws). He said to the Prophet (saws), "His mother, bint Rawaha, requested me to give this boy a gift." The Prophet (saws) said, "Do you have other children besides him?" He said, "Yes." The Prophet (saws) said, "Do not make me a witness for injustice."

Respected brother, as long as your father is alive, he is the inherent owner of his wealth, and he is well within his legal rights to gift a part or even all of his wealth to whomever he wills and pleases. But if one has more than one off-spring, it would indeed be considered injustice in the Sight of Allah for the father to give more to one off-spring than the others.

Your Question: ….i want to know how is wealth distributed among the family members

As long as one who owns the wealth is alive, he alone is the inherent owner of his wealth, and he is well within his legal rights to gift a part or even all of his wealth to whomsoever he pleases.

It is only after one’s death when that wealth which the deceased leaves behind is distributed according to Shariah Law amongst his surviving legal heirs. Thus, for example, if one’s father dies and he left behind wealth worth 100,000.00, and he is survived by his father, his mother, his wife, two sons and one daughter…….the distribution amongst the legal surviving heirs of the deceased according to Shariah Law will be as follows:

Allah Says in the Holy Quran Chapter 2 Surah Baqarah 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.

• The father of the deceased will receive 1/6^th or 16.67% or 16,666.67.
• The mother of the deceased will receive 1/6^th or 16.67% or 16,666.67.
• The wife of the deceased will receive 1/8^th or 12.50% or 12,500.00.
• The balance (100,000.00 – 16,666.67 – 16,666.67 – 12,500.00) 54,166.66 will be divided into five equal parts (10,833.33), and the two sons each will receive twice the share of the daughter. Thus the daughter will receive 10,833.33 and the two sons will receive 21,666.66 each.

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