Inheritance of orphan girl.
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:
Asakum,
There
was a couple where the bride belonged to a poor family and the bridegroom was
rich. After the marriage the girl developed cancer during her pregnancy. She
died after delivering a baby girl but unfortunately the boy died just 2 days
before the delivery under mysterious circumstances. His body was found in
a lake and whether it was a murder or if it was a suicide is unknown.
The
baby girl had paternal grand-parents only (maternal grand-parents had expired
long back). They had got the guardianship of the baby girl through the court
after a case as her parents had expired. But the aunt of the baby
girl(mother's sister) took the baby and went abroad illegally (with the
intention of acquiring the property most probably). She happened to be
related to the family also. There was some property in the boy's
name (baby girls father) which was purchased by his parents. The boy wasn't
earning yet. Then the Question of inheritance came up. What does Islam suggest
on this matter? What is the right of the baby girl on the property?
Does
she have right over the property or the other children of the grand-parents
have right over it as it was purchased by the grand-parents but only in the
name of their son?
Jazak
Allah khair.
(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 of
orphan girl
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 4 Surah
Nisaa 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 Apostle
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 Apostle and transgress His
limits will be admitted to a fire to abide therein: and they shall have a
humiliating punishment.
Your
Question: What does Islam suggest on this matter? What is the right of the baby
girl on the property? Does she have right over the property or the other
children of the grand-parents have right over it as it was purchased by the
grand-parents but only in the name of their son?
A Shariah Court of Law, or any court of law for that
matter, will look at the available documentation when deciding who is the legal
owner of the property. Because the property was purchased in the name of the
boy, regardless of whether the boy was earning or not, regardless of who bought
the property in his name, etc…legally the property will belong to the boy, and
after the death of the boy, to his legal heirs.
From your statement: ‘She died after delivering a baby girl but unfortunately
the boy died just 2 days before the delivery’ it is evident that the
father of the child died first, then the delivery took place, and then the
mother of the girl expired. Because the
mother was pregnant at the time of the death of the father, the child will be
considered a legal heir of the wealth left behind by its father, even if the
child was actually born only after the death of its father.
Thus in this particular situation, assuming that the legal
heirs who survived the father were the father, mother, wife and only one
daughter of the deceased father, the
wealth left behind by deceased father will be distributed amongst his legal
heirs according to Shariah as follows:
Because the mother of the child also died after the birth
of the girl, the baby girl (along with the other legal heirs of her deceased
mother) will also inherit from the wealth left behind by her deceased mother.
You have mentioned that the both parents (mother and
father) of the mother had already expired; thus in this particular situation,
the legal heirs of the deceased mother will be the baby girl and the surviving
brothers and sisters of the deceased mother. Thus the wealth of the deceased
mother, including the 1/8th or 12.50% share she received as
inheritance after the death of her husband will be distributed amongst her
legal heirs as follows:
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
