Category: Inheritance (Irth)
Fatwa#: 14846
Asked Country: Pakistan

Answered Date: Jan 24,2007

Title: Father in laws estate

Question

Dear Sheikh My father in law passed away 8 years ago but my husband and his brothers and sisters did not distribute the property in respect of the mothers wishes and gave her full financial control but now she has been dead for 1 and half year and my husband and his siblings still do not want to distribute wealth as they consider it a sign of unity but since my husband is managing the finances i often have to listen to jibes from other brother in laws wives. under the circumstances is it permissible and advised to distribute property and does islam set a max time frame for distributing such property. Please also inform if the others do not want to sell and only one party wants to sell what are the options.

Answer

In the name of Allah, Most Gracious, Most Merciful

When your father in law passed away, his heirs i.e. his wife and children became share holders of his estate. His wife was entitled to only 1/8 of the estate after burial expenses and debts. She did not have a right over the entire estate. Now that she passed away, the situation should be corrected and all the siblings must get their share from their father’s estate as well as from the mother’s 1/8 share of whatever she owned.

It is a sin to withhold the estate without the consent of each heir. True unity will be achieved only when every one is given his or her due and without being compelled against his or her will.

And Allah knows best


Mufti Ebrahim Desai
Darul Iftaa

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