Fatwa ID: 08864
Written by Alimah Aisha Qureshi
Question:
I have a question and require a detailed shariah answer as I am dealing with people who are ulama and unfortunately due to hate and egos are going against shariah.
1. My father was an Alim
He passed away in 2009 and he appointed a few professional people who were family members as well as an Alim to execute his will according to shariah.
2. Whilst he was in maradhul wafaat my mother sat by his side and jotted down a whole lot of things and remember he was on maradhul wafaat at that time.
3. Father passed away and his will was than revised by sisters and mum, sons were told to give ex amount of money to one sister who was at that time not married, remember this came out from the sons share to the sister and was forced.
4. The house was on my father’s name and nothing in writing was present, nor did he ever tell the children that the house belongs to their mother, nevertheless mum took full ownership of the house.
5. Father had an investment property which is giving a good return every 6 months to the shareholders , mum transferred the property informing heirs that she is doing so due to cost factors and that it belongs to all , once the property was transferred on mum’s name , she took 50 percent for herself and shared the balance to the children , children gave in because it our mother and mother did say she needs for herself and needs to have some funds etc and that once she is gone it will all come back to heirs etc.
6. In 2021 mum fell very ill , sisters took ownership of everything of mums including the spouses of my sister’s , they took out protection orders and deprived sons of visiting our mother , during the interim they emptied the entire house , took all mums assets , took all cash etc out of mums account and jewellery, Kruger coins etc were all taken by the sisters.
Son’s were kept out of the picture
Mum was discharged from hospital on the 7th may and the 8th may they took lawyers and other individuals there to draft a new will in which they state that 60 percent must be given to an organisation belonging to the one heirs husband
Son’s disputed it and now they demanding 30 percent to be given
The house of my late mum is empty and in the care of the lawyer who is now the executive of the will
They want to sell the assets which my late father worked hard for and left behind for his children to benefit and now the investment they want must also be sold ,so because of nastiness they doing this to the sons
Son’s are also ulama and we seek and answer from a shariah perspective to present to the sister and their husbands because the 2 assets which they want must be sold were not my mum’s during my father’s lifetime
All I want is a detailed answer to clarify maradhul wafaat and the bequest etc to sort out as it is now 1 and half years and nothing is sorted out. All I want is my mum to rest in peace in her qabar.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Islamic inheritance is a divine system established by Allah Ta‘ala. It is not subject to personal desire, family politics, or cultural bias. All Muslims especially scholars and family leaders, are required to adhere strictly to the laws of Shari‘ah when dealing with estates, especially when they involve rights of multiple heirs.
Allah Ta’ala warns severely against altering the inheritance shares or unjustly depriving rightful heirs.
A person can only bequeath up to one-third of their estate to non-heirs. Any bequest to an heir (such as sons, daughters, wife) is not valid without the consent of all other heirs after the death.
If the father appointed certain executors, their duty is to execute the will according to Sharia’s, not based on pressure or family influence.
Any changes made after the father’s death, such as giving a portion of one heir’s share to another forcibly, is invalid and is oppression.
If a house was in the father’s name and no valid gift was made (with offer, acceptance, and possession), then it remains part of the father’s estate, not the mother’s personal property.
It is no allowed for anyone to prevent heirs from participating in estate matters. Removing the assets (cash, gold, etc) without consent is ghasab (usurpation).
The estate of your late father must be reopened and distributed according to Sharia’s.
Any gifts made during his illness, bequests to heirs, or changes after death without unanimous consent are invalid.
Your mother did not have a Sharia’s right to seize or redistribute assets without a formal process and approval. From the heirs.
References:
يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ
Surah Al nisa verse 11
سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ “ إِنَّ اللَّهَ قَدْ أَعْطَى كُلَّ ذِي حَقٍّ حَقَّهُ فَلاَ وَصِيَّةَ لِوَارِثٍ”.
Sunan Abi Dawud 2870 Sunnah.com
وَلَوْ كَانَ الْمُجِيزُ مَرِيضًا وَهُوَ بَالِغٌ إنْ بَرَأَ مِنْ ذَلِكَ الْمَرَضِ صَحَّتْ إجَازَتُهُ وَإِنْ مَاتَ فِي ذَلِكَ الْمَرَضِ فَإِنَّ إجَازَتَهُ بِمَنْزِلَةِ ابْتِدَاءِ الْوَصِيَّةِ،
Fatawa Hindiya vol 6 pg. 91 Maktaba Shamila
أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ ” مَنِ اقْتَطَعَ حَقَّ امْرِئٍ مُسْلِمٍ بِيَمِينِهِ فَقَدْ أَوْجَبَ اللَّهُ لَهُ النَّارَ وَحَرَّمَ عَلَيْهِ الْجَنَّةَ ” . فَقَالَ لَهُ رَجُلٌ وَإِنْ كَانَ شَيْئًا يَسِيرًا يَا رَسُولَ اللَّهِ قَالَ ” وَإِنْ قَضِيبًا مِنْ أَرَاكٍ ”
Sahih Muslim 137a
قَالَ كَانَ النَّبِيُّ صلى الله عليه وسلم يَعُودُنِي وَأَنَا مَرِيضٌ بِمَكَّةَ، فَقُلْتُ لِي مَالٌ أُوصِي بِمَالِي كُلِّهِ قَالَ ” لاَ ”. قُلْتُ فَالشَّطْرُ قَالَ ” لاَ ”. قُلْتُ فَالثُّلُثُ قَالَ ” الثُّلُثُ، وَالثُّلُثُ كَثِيرٌ، أَنْ تَدَعَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَدَعَهُمْ عَالَةً، يَتَكَفَّفُونَ النَّاسَ فِي أَيْدِيهِمْ، وَمَهْمَا أَنْفَقْتَ فَهُوَ لَكَ صَدَقَةٌ حَتَّى اللُّقْمَةَ تَرْفَعُهَا فِي فِي امْرَأَتِكَ، وَلَعَلَّ اللَّهَ يَرْفَعُكَ، يَنْتَفِعُ بِكَ نَاسٌ وَيُضَرُّ بِكَ آخَرُونَ ”. Sahih al-Bukhari 5354
Only Allah knows best.
Written by Alimah Aisha Qureshi
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
