Inheritance distribution to illegal wife and kids.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Assalamualaikum,

What is the share of illegitimate children from the fathers Property?


My Father has left behind his property without any will. My mother is the first wife and having 10 kids (9girls + 1 male). My father had an illegal affair with my aunt (my mothers own younger sister) and has 9 (4 males + 5 females) kids with her. He has not married my aunt, has 9 children with her and accepted all of them as his wife and children in the society. But it is known facts to all that they are husband and wife, only we know that they both were not married.


Please guide us what share of property is to be given to my aunt (who is not my fathers wife), and her children (who are illegitimate). 

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Inheritance distribution to illegal wife and kids

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: Please guide us what share of property is to be given to my aunt (who is not my fathers wife), and her children (who are illegitimate). 

Inheritance in Shariah is only for the legal heirs of the deceased.  If Allah forbid, the deceased had an illegitimate and unlawful relationship with another woman, that woman and the illegitimate children from that unlawful relationship have absolutely no legal right to any inheritance of the deceased.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 

 

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