We have an issue in the family where our father has passed away. On passing away our eldest stepbrother demands to be the head and to be entrusted with the will of our father. However there is the following situation:
a) He convert from Islam and became a Jehovahs witness. He has now become a Muslim again. What is his rights in regards to being entrusted with wills.
b) Father divorced mother and left for India with little support for the mother. All brothers and sisters have agreed that mother should have the house in England except the stepbrother who requests a split. What is the Islamic position ?
c) Where does the step brothers position stand in regards to the house in India.
Dear Brother in Islaam, the answers to your questions are as follows:
a) He can be entrusted with the wills if he is sound and righteous.
b) If the Iddah of mother had ended before the father died and he was the owner of the house, then the mother will have no right in that house and the other property of the deceased. All his property would be distributed amongst all the heirs who were alive when he passed away including your stepbrother from father side if he was a Muslim that time.
c) Your stepbrother from father side will get his share from the house in India if it was owned by the father and the brother was in Islaam when the father died.