Refusing inheritance of father.

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:

Assalaamualaikum Brother.


My qusetion is about the property of father.i have 2 brothers and my father expired, according to sharia i also posses a share in my father`s property but i said to my mother that i don`t want the share from the property. i want to know what i have done is right or wrong? but my some relatives said that the share of property which comes to me that will go to my children and as i said i dont want it for that i have to pay the amount of that property from myself to my children.


And my other question is are chitfunds allowed in islam as they wont indulge with riba?


Jazakallahukhairan. 

 

(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:

 

Refusing inheritance of father

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.

 

If you were offered a share of your father’s inheritance, you are well within your rights to take that lawful share, or if you so will and please, gift your right of the share to whomsoever you will and please.  If for any reason whatsoever, of your own free will, you chose to ‘gift’ your share of the inheritance to your mother, or your brother, or to anyone else, you were within your rights to do so.

 

Your Question: …..but my some relatives said that the share of property which comes to me that will go to my children and as i said i dont want it for that i have to pay the amount of that property from myself to my children.

Your children are your legal heirs, and they will indeed inherit whatever wealth you leave behind at your death.  But you are the inherent owner of the wealth you possess in your lifetime, and you are well within your rights in Shariah, in your own lifetime, to spend, give, or ‘gift’ your wealth to whomsoever you will and please.

 

If in your own lifetime, you have chosen to gift a portion or all of your wealth (regardless of whether this wealth of yours was from inheritance or from your own) to someone, you are well within your rights to do so. 

 

Thus in conclusion brother, you were well within your rights to ‘gift’ your share of the inheritance from your father to whomsoever you will and please; and you are not at all liable to pay that inheritance amount you chose to gift to your children.  Your children will inherit only what wealth you leave behind at the time of your death.

 

Your Question: And my other question is are chitfunds allowed in islam as they wont indulge with riba?

If you could kindly explain in detail what is a ‘chitfund’ and how exactly it works, we will try to the best of our ability and knowledge regarding its permissibility in light of the Guidance of the Quran and the Sunnah, Insha Allah.

 

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

 

 

Copyright © 2020 Wister All rights reserved

Privacy  |  Feedback  |  About Wister  |  Volunteer Wister  |  Ask a Question  |  Widget