Fatwa ID: 07012
Answered by: Muftiyah Aabedah Khatun
Question:
Two inheritance questions:
- A parent passed away leaving behind adult children (brothers and sisters).
The brothers told the sisters that they would give them a lump sum of money and remove them from the inheritance (titles of the properties of land). They agreed. Many years passed by and they only gave a portion of the money promised. Now the sisters want their shares according to shariah rather than the lump sum. Are they entitled to their share even though they agreed previously for a lump sum?
- Is it allowed to take inheritance knowing or having doubt that the money is through haram means and is/might be haram?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
The wealth should have been distributed according to the shariah since the beginning as Allah has appointed fixed shares for people who are eligible to receive inheritance. Allah has mentioned 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 be in the fire of hell. Therefore, you should discuss this with your brothers and distribute the wealth according to the shariah.
These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment.
And whoever disobeys Allah and His Messenger and transgresses His limits – He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment.
(Surah Nisa – verse 13-14)
Secondly, wealth gained from haram means is not allowed to be distributed. If you have doubts regarding it then it is best to stay away from sharing it.
(Ilmul Meerath – page 11)
Leave what makes you in doubt for what does not make you in doubt. The truth brings tranquility while falsehood brings doubt
(Tirmidhi – hadith 2518)
Only Allah knows best.
Written by Muftiyah Aabedah Khatun
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
