For example, if a man's parents or relatives dont intend to give anything to his children so who can be guardian for his minor children and his property except his wife?
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:
Dear Brother in Islam,
Assalam alaikum. Thank you for helping ignorant people like us by
guiding us to the right path of Islam. May Allah Subhanah reward you for your
work.
I would like to know about the share in property. I read
somewhere that if a man has a son and a daughter than daughter gets one third
or half and remaining the son gets. I also read if a person's father is alive
then he too gets a share and so does his brothers and his wife too.
Can you please tell me giving an example like out of 100
rupees how much will a wife, son, daughter, father and brothers get. Also
I would like to know if a man has step sister and half brother alongwith
his own brothers than are they too eligible for the share in a man's property?
If a man buys a house for his wife in her name does the man's parents or any
other relatives has any share in it? Are the man's nephews and nieces eligible
for a share in the man's property even though it is his own hard earned
money and not inherited property? If a man buys jewellery for his wife
then who all is eligible for the share in the jewellery? If a wife owns
property given to her by her parents then except husband and children who all
is eligible for a share in it, like anyone from her in laws or her parent's
side? If a man has hard earned money not a family property and if he doesnt
wish to give anyone except his wife and children then is it right or wrong in
Islam?
Dear brother if we know that our relatives wont give any
share to our kids from our own hard earned property or anything after our death
and we make a will stating that all the wealth or property should go only to
children then is it haram? Who can be made guardian in this case? For example,
if a man's parents or relatives dont intend to give anything to his children so
who can be guardian for his minor children and his property except his wife? I
heard even if a man makes a will to give everything to his children then
according to Sharia his relatives still has share in the property, is it true?
Please enlighten me in this matter as soon as possible.
Jazakallah khair.
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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:
Inhertiance detailed
clarification
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.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verses 11-14:
11 Allah (thus) directs you as regards your children's (inheritance):
to the male a portion equal to that of two females: if only daughters two or
more their share is two-thirds of the inheritance; if only one her share is a
half. For parents a sixth share of the
inheritance to each if the deceased left children; if no children and the parents
are the (only) heirs the mother has a third; if the deceased left brothers (or
sisters) the mother has a sixth. (The
distribution in all cases is) after the payment of legacies and debts. Ye know
not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah
and Allah is All-Knowing All-Wise.
12 In what your wives leave your share is a half if they leave no
child; but if they leave a child ye get a fourth; after payment of legacies and
debts. In what ye leave their share is a
fourth if ye leave no child; but if ye leave a child they get an eighth; after
payment of legacies and debts. If the
man or woman whose inheritance is in question has left neither ascendants nor
descendants but has left a brother or a sister each one of the two gets a
sixth; but if more than two they share in a third; after payment of legacies
and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing
Most Forbearing.
13 Those are limits set by Allah: those who obey Allah and His
Messenger will be admitted to Gardens with rivers flowing beneath to abide
therein (for ever) and that will be the Supreme achievement.
14 But those who disobey Allah and His Messenger, and transgress His
limits will be admitted to a Fire to abide therein: and they shall have a
humiliating punishment.
In Islamic Fiqh or Jurisprudence terminology, there are
two types of legal heirs:
Your Question: Can you please tell me giving an example
like out of 100 rupees how much will a wife, son, daughter, father and
brothers get.
Inheritance distribution depends entirely upon who amongst
the legal heirs is alive at the time of the death of the deceased. Thus if a deceased is survived by one wife,
one son, one daughter, father, mother, and two brothers, the wealth of the
deceased will be distributed as follows, according to Shariah Law:
Your Question: I read somewhere that if a man has a son
and a daughter than daughter gets one third or half and remaining the son gets.
If the deceased is survived by only one son and one
daughter, and assuming that all the other ‘as-haab ul faraiz’ (mother, father,
and wife) of the deceased died before him….the distribution of the wealth of
the deceased according to Shariah Law will be as follows:
The son will receive twice the share of the daughter; thus
in this particular situation the wealth will divided in three equal portions,
and the daughter will thus receive 1/3rd or 33.33% and the son 2/3rd
or 66.66%.
Again, because the deceased was survived by a son, other
than the ‘as-haab ul faraiz’ (son and daughter in this case), no other
‘wariths’ will have any share. Thus even
the deceased is survived by brothers and sisters, aunts and uncles, cousins,
etc….because the deceased was survived by his son, the other ‘wariths’ will not
receive anything as inheritance.
Your Question: I also read if a person's father is alive
then he too gets a share and so does his brothers and his wife too.
The father and wife are amongst the ‘as-haab ul faraiz’,
and they will have a share in the wealth of the deceased, their exact share depending
upon who else amongst the ‘as-haab ul faraiz’ survived the deceased.
Thus in a case where the deceased is survived only by his
father and his wife, and assuming that the mother of the deceased died before
his death, and the deceased is not survived by any of his off-spring (no sons
and no daughters)…then the distribution of his wealth according to Shariah will
be as follows:
Because the deceased was survived by his father, the other
‘wariths’ (brothers, sisters, uncles, aunts, etc.) will receive nothing.
Your Question: Also I would like to know if a man has
step sister and half brother alongwith his own brothers than are they too
eligible for the share in a man's property?
Firstly, if the deceased is survived by his father or his
son/s, then the brothers and sisters of the deceased, regardless of whether
they are full or half brothers/sisters, they will receive nothing from the
inheritance of the deceased.
Only in the situation where one is not survived by his
father or his son/s will the brothers and sisters receive a share in the inheritance
of their deceased brother.
Half-brothers or half-sisters are of two types: one from a
common mother, and one from a common father.
According to Shariah Law, half-brothers/sisters from a common mother
will receive a share similar to full brothers/sisters; but
half-brothers/sisters from a common father will only receive the share if one
has no full brothers/sisters…..but in all situations, the brothers and sisters,
regardless of whether half or full, will only receive a share if the deceased
is not survived by either his father or his son/s; for if the deceased is
survived by either his father or his son/s, the brothers and the sisters will
receive nothing.
Your Question: If a man buys a house for his wife in her
name does the man's parents or any other relatives has any share in it?
If a husband chooses to gift some property unto his wife
in his lifetime, then the wife will be considered the legal and sole owner of
the property.
If the husband dies, the parents or the other relatives of
the husband have obviously no right over the property which belongs to the
wife.
This property of the wife will be distributed amongst her surviving
legal heirs when she dies; ie. her father, her mother, her husband and her
children according to their prescribed shares in Shariah.
Your Question: Are the man's nephews and nieces eligible
for a share in the man's property even though it is his own hard earned
money and not inherited property?
Firstly, there is no difference or distinction between
self-earned wealth or inherited wealth in Shariah.
Although nephews and nieces are amongst the ‘wariths’ or
legal heirs, they will only receive the inheritance if the deceased is neither
survived by his father, or his sons, or his brothers and sisters….then and only
then will the nephews and nieces be eligible to receive their share of the
inheritance.
Your Question: If a man buys jewellery for his wife then
who all is eligible for the share in the jewellery?
If a husband chooses to buy or gift some jewelry unto his
wife in his lifetime, then the wife will be considered the legal and sole owner
of the jewelry.
This jewelry (or property) of the wife will be distributed
amongst her surviving legal heirs when she dies; ie. her father, her mother,
her husband and her children according to their prescribed shares in Shariah.
Your Question: If a wife owns property given to her by her
parents then except husband and children who all is eligible for a share in it,
like anyone from her in laws or her parent's side?
The source of how one became the owner of one’s property
is absolutely irrelevant and immaterial when deciding its distribution at the
time of inheritance. Thus regardless of
whether the property was gifted to the wife by her parents, or by her husband,
or by her friend, or she had bought this property with her own wealth….she will
be considered the legal owner of the property.
At the death of the wife, her ‘as-haab ul faraiz’ will
inherit her property according to the Shares prescribed by Shariah. Thus (lets say) the wife is survived by her
father, her mother, her husband, two sons, and three daughters…..their
distribution according to Shariah will be as follows:
Your Question: If a man has hard earned money not a family
property and if he doesnt wish to give anyone except his wife and children then
is it right or wrong in Islam?
In his own lifetime, the man is at liberty to do what he
wants with his wealth. If he wills he
may give or gift a part or all of it to his wife, or to his children, or to his
friends, or to whomsoever he wills and pleases.
At his death, it is only the properties which belonged to
him which will be distributed amongst his legal heirs according to the exact
shares prescribed by Allah Subhanah.
One is at liberty to do whatever one wills with one’s
wealth during one’s own lifetime. But
for one to make a will or bequeath that after his death, all his property be
distributed only amongst his wife and his children, thus depriving the other
‘as-haab ul faraiz’ like his mother and his father would be absolutely
unlawful, illegal, null and void in the Sight of Shariah Law and a grave sin in
the Sight of Allah Subhanah.
Your Question: Dear brother if we know that our relatives
wont give any share to our kids from our own hard earned property or anything
after our death and we make a will stating that all the wealth or property
should go only to children then is it haram?
There is allowance in Shariah for a believer to make a
will, but it is not at all permissible in Shariah for one to make a will which
would change, add, subtract, or alter in the least the percentage of the
distribution which Allah Subhanah Himself has prescribed for each amongst his
legal surviving heirs.
To make one’s children the sole heirs in their will, when
Allah Subhanah has Himself prescribed shares for the father, the mother, and
the wife in the wealth of the deceased believer would indeed be unlawful in the
Sight of Shariah Law and of Allah Subhanah!
To make such a will would not only be ‘haraam’,
prohibited, and an absolutely grave sin in the Sight of Allah Subhanah, but it
will be deemed absolutely null and void if taken to a
Your Question: Who can be made guardian in this case? For
example, if a man's parents or relatives dont intend to give anything to his
children so who can be guardian for his minor children and his property except
his wife?
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verses 11-14:
11 Allah (thus) directs you as regards your children's (inheritance):
…….. Ye know not whether your parents or your children are nearest to you in
benefit. These are settled
portions ordained by Allah and Allah is All-Knowing All-Wise.
12 In what your wives leave your share is a half if they leave no
child……..
Thus is it ordained by Allah and Allah is
All-Knowing Most Forbearing.
13 Those are limits set by Allah: those who obey Allah and His
Messenger will be admitted to Gardens with rivers
flowing beneath to abide therein (for ever) and that will be the Supreme
Achievement.
14 But those who disobey Allah and His Messenger and transgress His
limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment.
There are only a handful of sins more heinous or graver in
the Sight of Allah Subhanah than the intentional misappropriation of the
inheritance or wealth of orphans.
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verse 2:
2 To orphans restore their property (when they reach their age), nor substitute (your) worthless things
for (their) good ones; and devour not their substance (by mixing it up) with your
own. For this is indeed a Great Sin.
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verse 10:
10 Those who unjustly eat up the property of orphans eat up a fire into
their own bodies: they will soon be enduring a blazing
Fire!
Allah Says in the Holy Quran Chapter 17 Surah
Israa verse 34:
34 Come not nigh to the orphan's property except to improve it.
After the death of the father, it is the responsibility of
each heir that they fear Allah Subhanah and take and accept only what is their
rightfully prescribed share of the inheritance.
If anybody intentionally mis-appropriates the prescribed shares of the
inheritance, they will be held severely accountable for their transgression in
the Court of Allah Subhanah on that Inevitable Day of Judgment.
Thus it is not one person who is responsible, but everyone
holds equal responsibility; and if one amongst the heirs feels that their share
of inheritance has been compromised, they are well within their rights to
approach a
If one trusts, obeys, and follows the guidance and
commands of Allah and His Messenger (saws),
one can be assured of never ever being misled; but if one believes, obeys and follows any
other guidance, other than that of Allah and His Messenger (saws), one can be
assured of being led astray.
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
