Inheritance.
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:
ASSALAMUALAIKUM
My Grandfather had 2 Wives. 1st Wife had 2 sons
& 2 Daughters. 1st Wife died & my Grandfather married again.
2nd Wife had 3 Sons & 2 Daughters. My Father who was the Son of
1st Wife died before my Grandfather died. I was elder Son & at
time of my Father’s death my age was only 12 years. Before my Father died my
Grandfather was already on bed with paralysis. Neither he could speak nor move
out of bed. But the 2nd Wife of my Grandfather did not even tell my
Grandfather about my Father’s death nor did she allow meeting us. After my
Father’s death after 8 months my Grandfather died leaving behind crores of
properties. As soon as my Grandfather died the 2nd Wife i.e. our
Step Grandmother threw us (including my mother, my 3 younger brothers and 2
younger sisters) out of the palatial bungalow into one room. My Grandfather
died leaving Wakf properties from which they give only Rs. 3000/- per month. My
Grandfather also left behind Charities to help the Orphans & Poor. But we
were Orphans & did not get from the Family money & the rest of the
world is getting money from my Grandfather’s Charity. My uncles i.e. my
Father’s real Brothers are getting their Inheritance money, but we are not
getting any. What is our share in Inheritance properties, Wakf properties &
Charities properties left by my Grandfather according to Islam ?
(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
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.
Shariah Law prescribes that the
‘ashaab-ul-faraidh’ or the legal heirs of the deceased are the father, mother,
wife, sons and the daughters of the deceased.
Unless and until the
grand-father bequeaths a portion of his wealth unto his grand-children in a
separate will, the grand-children of the deceased are not entitled to any share
in the wealth left behind by their deceased grand-father according to Shariah
Law.
If your father was alive at the
time of the death of his father, he would indeed receive a share from the
wealth left behind by his deceased father (your grandfather); but since your
father died before the death of your grandfather, you (the grandchildren) are
not your grand-father’s legal heirs, and thus not entitled to any share of the
wealth left behind by him.
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
