MIRAATH-INHERITANCE

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  1. Asslaam Aleikum,

    A man named Ali died leaving two wivies both with children- male & female but not equal in numbers (1st wife has 2 male & 3 female. 2nd wife has 3 male & 1 female).

    Ali had an estate which had two equal sides and left a will that states – one side for the 1st wife with her offspring and the other side for the 2nd wife with her offspring. After dividing the state equally into two, each side can then choose whether to further divide it islamicaly or live together without dividing.

    The 2nd wife died before the will was implemented and a problem emerged, it happened that the 2nd wife had a son from her 1st marriage. he came & claimed a piece of the estate as inheritance from his mother. He further claimed his mother before marrying Ali she had a house which she sold and funded Ali to buy the existing estate which Ali nor his wife mentioned when they were alive. He aslo wants compensation equal to the current value of the house sold by his mother to purchuse the estate.

    Now there is a big dispute on how to inherite such an estate.

    Kindly advice the best way out of this situation.

    Wassalaam Aleikum Warahmatullah.
    وعليكم السلام
    باسمه تعالى
    The will made by late Ali can be implemented with the free consent of all heirs provided that all are sane and mature. Otherwise, the house and all other properties of deceased after performing his all obligation duties such as Mehr, debt and so on, will be divided into sixteen shares, if he has left behind two wives, five sons and four daughters. Amongst these sixteen shares, one for each wife, two for each son and one share for each daughter.

    The claim made by the son of second wife from her first marriage about selling the house and funding Ali will not be accepted without any Shariee proof which confirms that she funded Ali as a partner in estate or she landed him money which is due on Ali. Imaam Baihaqi رحمه الله تعالىhas recorded on the authority of Sayyedinaa Ibn Abbaas رضى الله تعالى عنهماthat the Nabee of Allaahﷺ said:
    ” لو يعطى الناس بدعواهم، لادعى رجال أموال قوم ودماءهم، لكن البينة على المدعي واليمين على من أنكر” (حديث حسن رواه البيهقي وغيره هكذا، وبعضه في الصحيحين)

    (Had people been granted what they claimed, they would have claimed the lives and properties of people. A contestant should bring his proof and the defendant should take an oath.”) (Baihaqi)

    However, he is entitled to get his specific share from his mother inheritance including the one share she had from her late husband Ali.
    والله اعلم

  2. Asallam Aleikum,

    My father has died, he has inheritance property which was divided amongst my father & his elder brother, i had one paternal aunt (phuphi) who died before my father & her son died before my aunt now her son’s children claim in my fathers proportion so are they eligible in this as i have my mother,one more sister , 2 brothers n a widow of my younger brother & his one daugther & one son.
    Kindly guide us and provide the proportion as how to divide this.For your more clarifictation below am giving my family tree.

    1.Kasam Patel (My uncle Taya)
    2.Buboo Bi ( My aunt Phuphi)
    3.Hasan Patel (My father)

    My family

    Hasan Patel(Father)
    Jamila Patel( Mother)
    1. Uterine Brother Rashid Patel
    2. Rafique Patel
    3.Zakir Patel (younger brother, who died he has his widow n one son and one daughter)
    4.My self Noorjahan Majgaonkar
    5. Nasim Inamdar( younger sister)

    My Taya (i.e my uncle) had already divided his proportion amongts his children’s.
    The property is an agricultural land.

    Kindly reply on this regard asap.
    Wa alaykumus Salaam
    Clarification is required regarding certain matters.
    Firstly was your father in partnership with his brother?
    Who had ownership of the property?
    Why was your uncle given a share?

  3. Assalam wailakum,

    Thanks for reply,
    No there was no such deal, and the property was divided amongst the brothers.
    My uncle had divided the agricultural land between my father and him.

    Mufti sahaab please revert on this asap as we need the clarification urgently.

    And my aunt’s(Phuphi) grandchildrens has asked for their share.
    Kindly revert asap.
    Wa alaykumus Salaam
    What i need to know who was the owner of the land? If your father was the sole owner then what your uncle did was not permissible.The brrothers do not inherit in the presence of children.The wife is given one eighth and the children will recieve the rest in the ratio of two shares for boys and one for the girls.If graandparents are alive(deceased mother and father) then they inherit but not brothers and sisters.

  4. Assalamualaikum mufti sahib
    i have one question. my mother left a piece of land . and the land is sold now. and now the total amount received is to be divided among five brothers and one sister. the sister has passed away. kindly tell me whether to distribute the share of our late sister to her children. if yes then what should be the calculation/ratio that is to be divided.
    kindly answer me through email provided.
    JAZAKALLAH
    Wa alaykumus Salaam
    If your sister was alive at the time of demise of the mother then
    her children will inherit and if she had passed away before the demise of your mother then her children will not inherit. If they do inherit then the amount wil be divided by 11 (eleven) and the brothers each recieve two shares and the sister will receive one.

  5. salam alaykum

    How much does a hermaphrodite inherit?
    Wa alaykumus salaam
    The same the decision is made wether he/she is buried as male or female.There was an individual in the time of Rasulullaah Salallaahu alayhi wa sallam who was a hermarhrodite and when he described the body contours to a man who was interested in proposing for marriage, Rasullulaah saaws forbade him entrance amongst the women. (mishkaatul masaabih)
    Therefore if the person shows malely traits like growing of beard etc, he will be regarded as male. If no such sign then by the counting of the ribs.

  6. Assalam-o-Alaikum,

    One of our friend recently passed away. She had left assets in gold/cash totaling about 120,000 Pak Rs. She had made us responsible for distributing these assets in Allah’s path. She didn’t leave an official will. We sold the gold on market rate to convert it to cash and then donated all cash to different masajid. However, we later found out that her relatives should’ve also received some part of this money according to Islamic inheritance laws. She has only 1 brother alive. Another brother and 2 sisters have passed away, but their children are alive. My quesyions are: 1)Could you please throw some light on this matter as to how these assets should have been distributed? Were we supposed to give relatives their share even if she specified that EVERYTHING must be given in charity? 2)Also, her brother who is alive is not a good person from what we know and may blame us for deception if he comes to know about the situation and may demand more money. Can we give this money to him as a gift without explaining the situation to him? Kindly guide how we should handle this? Jazaak Allah.
    Wa alaykumus Salaam
    Her request definitely was unislamic. She has right to give one third of her wealth in charity as she pleases to non inheritors. Further the money has to be distrbuted as stipulated by shariah. However since you have distributed the wealth in accordance to her wishes and in ignorance of the islamic ruling, you cannot be held responsible for it.
    Further if you wish to give him a gift then you may do so. There is a stipulated share for him and other relatives. All surviving family members have to be named if you wish to give the money in accordance to shariah.

  7. my one uncle passed away. he left mother,father,wife,one boy and two girls. puchna yeh hay k un my virasat kesay taqseem ho gi? meharbani farma kr Qurran or sunnat k mutabiq fatwa dijiay. hamary ird gird koi aisa bara aalim nai hy jo yeh masla hal kar sky.i will b very thankful to you. jazakallah.
    ASSALAAMU ALAYKUM!!!
    The Shares (hisse) willbe as follows:
    1.mother and Father both get 1/6 each
    2. Wife will get 1/8
    3. Son gets 2 shares and the girl 1 each of the remainder.

    The easy method will be
    Mother and father both get 4/24 each
    Wife will get 3/24
    the remaining 13/24 will be divided into 4 shares and 2 will be given to son and one each to the sisters.

  8. Aslam-o-Alaikam
    Mufti sahib our mother and father have passed away. (Inalilahe-wa-inaalaiherajeoon). They have left inheritance:
    1-Bank Balance/share certificates.
    2- some acres of agriculture land.
    3- one house of 300 yards.
    We are two brothers and four sisters. As regard the property listed on S.No.1 & 2 ,there is no dispute/confusion regarding its distribution as per shariaha law.As regard the property listed at No.3, this property/House was built as single story house with the combined financing of both brothers(sons) and father, since at that time father has not sufficient funds/earnings to build the house, so he requested us to give him money for the construction of house, with the clear understanding that this property will be for both brothers. Approximate ratio of financing between father and both sons is 30 : 70 including the cost of plot. Later on second story of House was built by me exclusively with my own financing for my separate residence. All these facts are known to eatch family member. More over we both brothers are taking care of all major repairs of house from last more than twenty years.
    Furthermore my father declared his will verbally at later stage of life when he was suffering deadly disease(Cancer) in front of family members that this house is for both brothers and if they feel that there is any share for sisters in this house they can give it to them.
    please advise us how to decide about the distribution of this house/property keeping in view above given fact and shariah.
    Wa alaykumus Salaam
    The issue of the house is based on the partnership. The ratio of your father’s input will be the amount payable to all the inheritors. In other wors the amount will be added to the other assets amount and then be divided into eight shares. Two for each brother and one for each sister.

  9. assalam o Alaikum!
    person died… he left father, mother.2daughters and two sons.in k darmayan warasat kesy taqseem ho gi? wassalm.
    Wa alaykumus salaam
    The Shares are as follows:
    Mother and Father both get 1/6 each,
    2.The rest will be divided into 6 shares. One for the daughter and two for the son.
    A thing to remember that the division will take place after costs of funeral expenses an Debts and distributing waseehat if there is any.

  10. Assalamu Alaikum
    I have four elder brothers. My father before his death owned his house to two of my brothers and the eldest one is also well settled on his own. The fourth brother sold the property of my mother and spent it according to his requirements & now is well-to-do. My father also had a shop & named it to my mother & insisted my mother to give it to me and now my mother keeping in view my current circumstances wants to name this shop to me.
    1. Can she give / gift this shop to me only as I am in dire need of it?
    Three of my brothers are ok with this decision of my mother, the fourth one who took my mother’s money/property by cheating on her has to object.
    2. Is it their right in Shariah to object to such gift/decision?
    Wa alaykumus Salaam
    If the sop was given to your mother in your fathers life time and made her owner then while she is alive she may do with it as she pleases and no one can object.

  11. Assalamualikum Mufti Sahab,
    Mere ek behen Ka inteqal hogaya aur iska sabab uska shohar tha ,mere marhoom bahen ke do bache hai ek ladki (Lubna Fatima) aur ek ladka ( Kashif Ali)ab kyunki woh Insaan qatil hai hamne usse paper par likh waliaya ki woh apne taraf se Bachou ke zimmedari se qatam hogaya. Aur hamne sari zimmedari le ley, Hum yeh bachou ko apne Naam par lena chahte hai aur inka Naam badal na chahte hai taki Naya birth certificate Hamare naam par nikale . Aap meherbani farmakar bataye ki Shariah etebar se yeh theek hai ya nahi. Agar theek hai tou aap do ache naam bataye Mera naam Mohammed Abdul Aziz hai aur meri shareke hayath ka naam Syeda Badar Jahan hai.

    JAZAKALLAH
    Wa alaykumus Salaam
    Qur’aan ka farmaan he e” bachon ko apne baap ke naam se pukara raho wohi ziadzbehter he ALLAH ke haan” (Surah Alahzaab ayat 5)
    Isse pataa chalta he ke naam jis andaaz se aap badalnaa chahte ho saheeh nahin.

  12. Sir
    I wish to know the shares in the cash award of compensation of my deceased eldest sister to 5living berothers & 5 living sisters (all real)while one brother and two sistersand mother having died in between though they were alive when the eldest sister had died. Father was no more but mother also died in between.
    ASSALAAMU ALAYKUM!!! (iSLAMIC ETTIQUETTE)
    THe ration is very simple. If there is offspring then automatically the brothers and sisters fall off. They only inherit in the absence of sons and daughters. If there is non sons and daughters or a wife then the remainder 5/6 will be distributed in such a manner that the brothers get two shares ans the sisters one.

  13. As salaam mu alaikum
    Dear Mufti
    I am seeking your advice regarding inheritance.
    My Husband was married and had a son from the marriage. They divorced 4 years later.
    The wife moved away to Malaysia. My husband married me after 2 years of the divorce.
    We have a son from my marriage. In the seventh year of our marriage the ex wife moved back to South Africa and had my husband arrested for not paying the maintainance.
    My husband was not in a position to pay any money as he was unemployed.
    I worked and maintained the household also paying the rent to my inlaws. We had experienced a lot of setbacks as my husband owed money to creditors. Some of my husband’s belongings was attached by the sheriff of the court including the vechicle of which we had 1 month instalment left to pay. I had sacrificed a lot to repay this money and lost. My in laws wanted the rent money that was due to them as we owed them 2 years rent. I managed to arrange to pay them back for the full amount that was due to them.
    I worked all the time as my husband did not want to look for work. After 17 years of marriage we divorced. We still kept in touch because of my Son. My son was all that he had and was very close to him. The other son did not spend any time with his father. My Husband ended up in hospital and was close to death as the doctors had given up on him, we contacted his son to let him know. He in turn mentioned that he is not available and that we must carry on with our lives and wished us well. My husband was discharged from hospital and went into itikaaf as it was Ramadaan. He received a phone call on the last 10 days of Ramadaan to start work and was employed until the time of his death.
    We again tried to get hold of the son and again he did not come for his father’s funeral. We have not heard from him since. The last we heard that he was in Cape Town at a rehabilitation for drug addicts. I know he has had this problem for years.
    He is older than my son. I am trying to sort out the estate for my son. My son wants me to move back into the house with him as he feels that he wants to look after me. He started work and is not earning a lot as he is working on a part time basis. I am still working.
    My question is how do we compensate the first child as I do not have the money to give his half of the estate. Do I take out a bond for his share? Or do I make arrangements to pay him off monthly. If I move back will this be right?
    I just want to do what is right and according to the laws of Shariah.

    Jazakallah
    Wa alaykumus Salaam
    For a proper shar’ii uling a bit more information is required concerning the deceased living relatives. Does any of his sister survive him and what about his parents? If they are stillliving then the equation differs. Also if the other son does not want the inheritance then he should forego it in written. Please furnish with full details for correct answer.
    Jazaakumullaah.

  14. Assalamualikum Mufti Sahab,

    We have a land form My Grandfather which is inherited to us by my father as he died last year. Now the matter is that My Grandfather had four wives. And the Land was on his name at the time he died. I have 3 uncles ( Chacha) and two aunts ( Fufi ) they are alive and my father is late. This family members are my grandmothers sonand daughter. but as My Grandfather had more three wives in those familys there are uncles and Auntys some are alive and some are dead.
    Now the matter is that other family members from those three family dont know regrding the ownrship of that land as this land belongs to my Grandfathers name. And My Own Uncles and Aunts dont want to share their protion with the other 3 families.
    Now I told them Its Haram to have the others share as I am also a signatory for selling the land as my father is dead. I know If I wish to pay the share to the respected family members then there will be a war in the family and absolutely they wont give there share to them. In thsi situation What should I do? I am in a deep trouble thinking of this. Please advise me in accordance.
    Allah Hafez
    Wa alaykumus Salaam
    To deny someone their rightful inheritance is a major sin. Rather distance yourself from such a dilemma and save yourself from destruction in the aakhirah. It is for you to realize that what hey (the uncles) are requesting is unislamic and wrong.

  15. Assalamu Alaikum Mufti Sahab,

    Thanks for your kind reply regarding my Inherited Land Issue frm my Grandfather. I have Discussed your advice with my uncles as soon as I get your advise that this is unislamic and wrong. But they give me two clauses regarding that issue. They said its my Grand fathers fault to kept silnet regarding that issue. Those clause are as follows :

    1. Though the land is under my grandfathers name but there are few lands under his name which are inherried by the first family. Before His death He told them to registrer those land under thier name and not to come to us for any assets as we are the fourth family. And he also told us not to go their ( to First family) for accuring any asset form them. So we didnt get any asset form them though they have the assets from my grandfather.

    2. Though the land is under the name of my grandfather but beofre his death he didnt tell anything regarding share with other families this land. They forbid us to go to the first family.

    Form the above clauses they are showing me to denying to share this asset with any one. Please give me advise on the above issue.

    Further more I have dicided to share this asset with the second and third family as they didnt get any asset though they are my grandfathers son and daughter. Itsmy grandfathers fault to forget them form their inherritence.

    But according to my uncles clause what about the first family ??? Please let me know.

    Allah Hafez
    Wa alaykumus Salaam
    If any land was given over to another during your grandfather’s lifetime then that is not included in the inheritance. However since this was left as inheritance theen all should inherit from it.Ask your uncles are they willing to let their father suffwr in the grave and aakhirat over a piece of land? For the sake of ALLQAH give all their inheritance , maybe the reject it due to the clause ment5ioned to them. If so then the problem is solved.

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