Fatwa ID: 07500
Answered by: Alimah Saleha Bukhari Islam
Question:
Respected Recipient(s),
We all understand that, in a human-to-human relationship, we have the obligation to contribute to life-related matters of each other, by any means according to the circumstances. My father’s and mother’s share of my grandfather’s belongings (inheritance) have not been given to us by relatives who have it in their possession/control. After my father’s demise, such issues get more complicated as my mother, my younger brother and my younger sister were being controlled by relatives in different directions. I like to put forward 2 questions to your office, which are in practice in my social circle for several years.
The questions are as follows:
1- Does the Islamic Law allow us to get our share from those who have that in possession/control on my grandfathers’ belongings (inheritance) on my father’s side?
Those who have the possession / control of those assets used to say: why not my father had asked about his share from two agricultural land and a house of his fathers’ belongings (inheritance) during his life? Sometimes they said, why my father did not play his part in taking care of agricultural land which exist in different parts of Punjab? My father came to Karachi for his higher education and then settled here for his entire life. How can relevant personnel use such claims, as an argument of not fulfilling their tasks based on Islamic Principles?
2- Does the Islamic Law allow us to get our share from those who have that in possession/control on my grandfathers’ belongings (inheritance) of mothers’ side?
Those who have the possession / control of that asset used to say: why not my mother had asked about her share from her fathers’ belongings when her parents’ were alive? Sometimes they said, my mother does not want her share from her fathers’ belongings (inheritance). How can relevant personnel use such claims, as an argument of not fulfilling their task based on Islamic Principles?
I am contacting your office, considering your institution’s vast knowledge and existence in our world on Islamic Principles. In addition to that, your institution’s leadership has international recognition, which become the actual inspiration for me to approaching your office. People in my social circle are using their ill-fated acts, which eventually creating Enmity and Meanness. Such actions not only fall under the category of falsification, but also facilitates the hindering of the true spirit of Religion Islam. I believe, we are living in the 21st Century, and our world is a global village NOW, where sharing of knowledge has become more convenient.
I will be delighted, if you provide information on the above questions in the form of softcopy (scanned authentic document) in reply to this e-mail with all related references from Quran and/or Sunnah. Let me assure you, the above 2 questions has no other motives, but to clarify and/or correct wrong perceptions on the subject within my social circle.
Thanking you in anticipation.
Best Regards.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Sadly, disputes regarding the inheritance of wealth are a common occurrence in families, especially when discussions, arrangements and agreements have not been documented and witnessed properly. The laws of inheritance are divine, and their importance can be understood from the fact that Allah ﷻ has outlined them in the Quran detailing the exact shares which heirs are entitled to. Adhering to the divine laws ensures fairness in distribution and helps prevent further disputes.
Allah ﷻ has appointed fixed shares for those who are eligible to receive inheritance. Allah mentions the share for main heirs and thereafter goes on to mention that the people who obey these rules will go to paradise and those who do not follow what Allah has prescribed will go to hell. Ideally, all rightful heirs should have received their legal share immediately after the death of your grandparents or at least in your father’s lifetime. By not adhering to Sharia law, unfortunately, we give rise to complicated disputes such as this which creates problems between family members.
However, the laws of inheritance are clearly specified by Allah ﷻ in the Quran, where fixed shares have been stipulated for relatives. Nobody has the right to enforce an alternative opinion or to increase or decrease the stipulations. The rightful inheritors are the children of the deceased and their parents (if alive) as they are the nearest in relation, and thereafter the spouse(s) and siblings, if alive.
Allah ﷻ commands us:
“Allah commands you regarding your children: the share of the male will be twice that of the female. 1 If you leave only two or more females, their share is two-thirds of the estate. But if there is only one female, her share will be one-half. Each parent is entitled to one-sixth if you leave offspring. 2 But if you are childless and your parents are the only heirs, then your mother will receive one-third. 3 But if you leave siblings, then your mother will receive one-sixth4—after the fulfilment of bequests and debts. 5 ˹Be fair to˺ your parents and children, as you do not ˹fully˺ know who is more beneficial to you. 6 ˹This is˺ an obligation from Allah. Surely Allah is All-Knowing, All-Wise.”
“You will inherit half of what your wives leave if they are childless. But if they have children, then ˹your share is˺ one-fourth of the estate—after the fulfilment of bequests and debts. And your wives will inherit one-fourth of what you leave if you are childless. But if you have children, then your wives will receive one-eighth of your estate—after the fulfilment of bequests and debts. And if a man or a woman leaves neither parents nor children but only a brother or a sister ˹from their mother’s side˺, they will each inherit one-sixth, but if they are more than one, they ˹all˺ will share one-third of the estate1—after the fulfilment of bequests and debts without harm ˹to the heirs˺.2 This is a commandment from Allah. And Allah is All-Knowing, Most Forbearing.”
This indicates that upon the death of your grandfather, your father, his siblings and your grandmother would have been entitled to their shares accordingly. And upon the death of your father, his property, wealth and inheritance should have been distributed between your siblings, your mother, and your grandmother if she was alive. In your mother’s case, because this is her inheritance from her father’s side, and she is alive then she has the right to claim or waive her inheritance.
If the rightful inheritors wish to waive or pass on their rights to other relatives, then this can be agreed upon and accepted. Furthermore, a bequeath of up to a 1/3 of a person’s wealth is permitted for those other than the rightful inheritors but to bequeath more than this amount requires the permission of the rightful inheritors. [Ma’ariful Quran p.340-p.347 v.1]
We advise you to seek counsel from a local Shariah scholar or Shariah council to see if an arrangement can be made for the dispute to be amicably settled with the assistance of an arbitrator. If this fails, then your case can be taken to the civil courts to settle legally.
Only Allah (عز و جل) knows best.
Written by Alimah Saleha Bukhari Islam
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَـٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءًۭ فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةًۭ فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌۭ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌۭ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌۭ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًۭا ۚ فَرِيضَةًۭ مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا ١١
۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌۭ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌۭ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِينَ بِهَآ أَوْ دَيْنٍۢ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌۭ ۚ فَإِن كَانَ لَكُمْ وَلَدٌۭ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍۢ تُوصُونَ بِهَآ أَوْ دَيْنٍۢ ۗ وَإِن كَانَ رَجُلٌۭ يُورَثُ كَلَـٰلَةً أَوِ ٱمْرَأَةٌۭ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌۭ فَلِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّۢ ۚ وَصِيَّةًۭ مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌۭ ١٢
