Inheritance issues.
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:
Assalamuallekum
Warehmatullay
I want
to ask in regard to distribution of property. My father want to give the
share of our sisters in his property . How he has to give
their share according to Holy Quran and Hadith. My father has two house and we
are including me two brother and two
sister and my father has no much money that he may give to our sister in
cash. In such case how he can distribute his proper in the light of Holy
Quran and Hadith. Please guide us in all the matter of property and
wealth.
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Answer:
Inheritance issues
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.
Respected brother in Islam, as long as your father is
alive, he is the inherent owner of his own wealth….and during his lifetime he
is well within his rights in Islam to give a part or all of his wealth to whomsoever
he wills and pleases as a gift.
It is only after one dies, that the wealth left behind by
the deceased has to be distributed amongst his/her surviving legal heirs,
according to the exact shares prescribed for each heir by Allah Subhanah in His
Glorious Quran.
Say a believer has two houses whose total market value is
100,000.00; and at his death his only surviving legal heirs are his four
off-springs, two sons and two daughters. (The other legal heirs, ie. the
father, the mother and the wife of the deceased have died before him). In such a situation, the wealth of the
deceased will be shared amongst his two sons and two daughters as follows:
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 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.
Because in this particular case, the only surviving legal
heirs of the deceased are two sons and two daughters, the total wealth of
100,000.00 will be divided into six equal parts of 16,666.66; and the sons will
receive twice the share of the daughters.
We reiterate again that as long as one is alive, one is
the inherent owner of one’s wealth….and one is at liberty to gift a part or all
of their wealth to whomsoever they wish and please in their lifetime. It is only after one’s death that the legal
surviving heirs have a right to demand their share of inheritance from the
wealth of their deceased loved one.
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
