Disputes in inheritance

Fatwa ID: 02633

Answered by: Maulana Imran Mughal

Question

AsslamAlikum

I have a question regarding inheritance according to Sharia.

My Father died a couple of years ago and left only me and my sister.

We lived a very beautiful life when my parents were alive and we two brothers and sister were unmarried. Being elder my brother was all responsible for all the financial and admin matters of our family.

Finally, we got married when we brothers were under education. All was going well.

Suddenly the family of my brother's wife started interfering our personal, financial matters which my father and mother strictly asked them to never dare to do such again.

we completed education and I got a good job but my brother never took interest in earnings and never earned a penny. He started stealing fund dividends. When my Father found out about this he was too angry and he took all the responsibility of investments and handed it to me.

After a year my brother left to our motherland without informing anyone and taking all the valuables and stock exchange investments with him.

He lived there for seven months and died. My father took the responsibly of deceased children.

After the death of brother my, Father took the remaining funds back which were in the name of all the family members including the deceased brother.

He then handed over all the funds to me to look after and even to trade at my own discretion.

After some months my mother also died. After her death, my Father lost all the interest in his life.

I left a job on Father's will and started formal work in shares market using all of that fund. My Father asked me to do what I want. I transferred all the fund in my name and started well earning at home along with looking after my Father.

My Father was aware of the fact but he never asked me anything about it. Even he asked me to transfer all of his estates but I kept asking him I don't need anything as he was my all. And though he might be testing me. Although the control of his estate was in my hand. he never bothered to look at any matter after mother's death

He passed five yrs after my mother's death. He left me alone too.

As soon as he died my deceased brother's widow started crying and shouting for part of the orphan children share to which I asked her to hand over at adulthood of the children. But she never compromised and started court cases. In short, she did everything that she could even a murder attempt. She is not only claiming her husband share also my Father's estate with 500%increased amount.

Due to the acute pressure of her all family members plus relation with criminal people, I m ready to hand over her all the share that is prescribed by our Pakistan govt., but due to some judiciary issue its taking time and being illiterate she is not understanding fact.

Its been two yrs passed she has made it tough to live. almost all of the investment is in huge losses. A lot of time I intended to quit but I have a responsibility of sister family and my own. My Sister is with me.

The purpose of all this writing is that like everyone I cannot find my fault or sin. I sacrificed all of the carriers just to look after my Parents. Now due to the age factor, lack of experience no one gives me a job.

Where is my fault and which sin I committed in exchange for this hardness that I am facing?

Am I wrong or she is wrong.

Answer

Assalamualaikum Dear Brother,

Your story is indeed an incredibly saddening one and we at Darul Ifta are terribly sorry for your loss. Your intentions were firm and correct; to serve your parents' wishes until their dying breath, as is the advice was given to us by Prophet Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him).

The situation you described is one many around the Muslim and Non-Muslim world are facing; the issue of greed over money.

Our beloved Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) has stated in a hadith the following:” Indeed for every nation (ummah) there is a tribulation, and the tribulation for my nation (ummah) is wealth.”[1]

Not adhering to the advice of this hadith has led many of our brothers and sisters to fall astray in the madness of this world.

Nowadays, having enough to survive is not the goal, rather having so much that others do not have enough is the goal.

Those whom Allah has bestowed wealth do not go against this hadith in any way, rather they should spend as much as they can in service of the deen of Allah as well as continue their businesses as long as it is carried out in a Halal manner.

For your specific issue, our recommendation is to discuss the matter calmly with all the family members in the presence of an elder of the family, so that a reasonable solution may be attained. If there are no such elders, then either a person whom both parties respect dearly or a local Alim in order to come to an agreement.

It is not always the case that going through hardships is a sign of Allah’s punishment. The Prophets (peace be upon them) went through the most difficult of situations: getting beaten, sworn at, ridiculed and spit on, however they are as we know the best of mankind.

Another hadith of our beloved Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) provides further clarity, the hadith says that someone asked the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him): Who are those that go through the most tribulation? He said:” The Prophets, then those after them then those after them, a man will be tried according to his deen.”[2]

Allah puts His servants through difficulties in order for them to become closer to Allah, not as a punishment on them.

Observe patients, and strengthen your connection with Allah, Inshallah whatever He has ordained for us through destiny will be of more benefit to us.

And Allah SWT knows best.

Written by Maulana Imran Mughal

Checked and approved Mufti Mohammed Tosir Miah

Darul Ifta Birmingham


[1]Muhammad At-Tirmidhi, Jami At-Tirmidhi (Maktabatul Bushra) 2014, Volume 2 Hadith 2329 Pg 958.

 

[2]Hakim An-Naysaburi, Mustadrak Ala Sahihain(Darul KutubIlmiyyah) 2009, Volume 1 Hadith 121.

 

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