Inheritance of mother.
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:
As-salam-o
alykum Burhan bhai.
i have
this question over my mind from many years now.i hope i will get my answer from
you.
My
father has 3 brothers and no sisters.My father passed away when we were
young,later his younger brother also passed away...after thr death my dads
mom(my gandma)passed away.she had kept little property.later my dads eldest
brother advised to divide the property among his 4 brother but then later he
told my mother and my aunt that we will get no share from my gandmas property
as according to islam law,if son is passed away before parents then no property
should be given to his family.
Burhan
Bhai i would appreciate u if u enlighten me on this matter truely at the
earliest..we were very hurt when our uncle told this inspite he knew we wouldnt
have asked for any share.
shukriya
Allah
Hafiz
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Answer:
Inheritance of
mother
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.
Respected Sister in Islam, Shariah Law declares that only
those legal heirs who survive the deceased have a right in the property left by
the deceased.
Under normal conditions, the legal heirs whose shares are
prescribed by the Lord Most Wise Most High are:
Thus when your father passed away, whoever amongst the
above five listed heirs were alive at the time of his death would have a
prescribed share in the property left behind by him.
If your father passed away before the death of his mother
(your grand-mother), obviously he or his wife or his children have absolutely
no share in the property left behind by his mother (who passed away after him).
The wife or children of one’s deceased son are not considered legal heirs in
the Sight of Shariah Law.
The heirs of your father’s deceased mother (your
grandmother) are her surviving legal heirs: ie. her parents (if alive), her
husband (if alive), and her sons and daughters who were alive at the time of
her death.
Thus sister, in the situation described by you, your uncle
is absolutely right in his determination that the wife and/or children of her
deceased son are not the legal heirs of his deceased mother in Shariah; and
thus they would not receive any share of the property left behind by his
deceased mother.
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
