Fatwa ID: 07327

 

 

Answered by: Alimah Saniyah bint Asrar

 

Question:

 

My father passed away before my paternal grandmother leaving behind a flat in India.

 

After my father’s death my grandmother was informed of her portion in inheritance. She said “what will I do with this money your father used to look after me. You can give me whatever is your wish. Give some to your sisters”. I also recorded this conversation.

 

My query is, this is enough for us to prove in shariah that my grandmother has given up her right.

 

Note: there is no one claiming against this statement however I wish to get clarification so I am not liable in shariah.

 

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

When a person passes away, their estate is divided according to the prescribed shares outlined in Shariah, and all eligible heirs automatically gain ownership of their respective portions. This ownership is immediate and obligatory; it cannot be rejected outright. Your grandmother, upon being informed of her share, gained ownership of that portion of the inheritance.

 

However, once an heir has gained ownership of their share, they have the full right to decide what they want to do with it. They can choose to keep it, distribute it among other family members, donate it to charity, or use it in any other way they see fit. In your case, your grandmother expressed her wish for you to manage her portion and suggested distributing some of it to your sisters.

 

It is important to note that for such a decision to be valid in Shariah, it should ideally be documented and witnessed, as you have done by recording the conversation. This record serves as evidence of her wishes and can help ensure there are no disputes in the future. However, while the recording is useful, it may still be advisable to get her consent documented formally, perhaps with the help of a local Islamic scholar or legal expert, to avoid any potential issues later on.

 

الدر المختار شرح تنوير الأبصار وجامع البحار ١/‏٧٦١ 

والثالث إما اختياري وهو الوصية أو اضطراري وهو الميراث، وسمي فرائض لان الله تعالى قسمه بنفسه وأوضحه وضوح النهار بشمسه ولذا سماه (ص) نصف العلم لثبوته بالنص لا غير.

وأما غيره

فبالنص تارة وبالقياس أخرى.

وقيل: لتعلقه بالموت وغيره بالحياة، أو بالضروري وغيره بالاختياري

 

 

حاشية ابن عابدين = رد المحتار ط الحلبي ٦/‏٧٥٨

وَالْمُرَادُ بِالْفَرَائِضِ السِّهَامُ الْمُقَدَّرَةُ كَمَا مَرَّ فَيَدْخُلُ فِيهِ الْعَصَبَاتُ، وَذُو الرَّحِمِ لِأَنَّ سِهَامَهُمْ مُقَدَّرَةٌ وَإِنْ كَانَتْ بِتَقْدِيرٍ غَيْرِ صَرِيحٍ.

 

 

Only Allah (عز و جل) knows best.

Written by Alimah Saniyah bint Asrar

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham