Fatwa: # 17986
Category: Inheritance
Country: India
Date: 26th May 2009

Title

My father who was passed away three years before and he has left property behind him. Before 3 months of his death he has declared his intention verbally in front of we two..

Question

My father who was passed away three years before and he has left property behind him. Before 3 months of his death he has declared his intention verbally  in front of we two brothers that whatever wealth and property he owns not to be shared to his daughters after his death. It should be equally distributed among sons only. He also says that whatever he has given as gift in his life during their marriage and after  to daughters is enough.

Now we are 3 brothers and 5 sisters so the property must be distributed according to Sharia law OR What should we do  

Please suggest.

 

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

Allah Ta’ala has made special mention of the shares of one’s children in the noble Quran by saying,

 

القرآن الكريم - (1 / 57)

 يوصيكم الله في أولادكم

“Allah admonishes you with regards to the shares of your children...”

 

Allah Ta’ala thereafter elucidates on the shares of a daughter by saying,

 

القرآن الكريم - (1 / 57)

فإن كن نساء فوق اثنتين فلهن ثلثا ما ترك وإن كانت واحدة فلها النصف

 

“…and if there be women more than two, then they will be entitled to  two-thirds of the inheritance, and if there be (only) one then she will be entitled to half.

 

It will be incumbent for you to distribute the estate in accordance with Shari’ah. The decision of your father cannot over-ride the laws of Quran and Hadith. The daughters will still be entitled to their respective shares. Nabi صلى الله عليه وسلم has very emphatically mentioned,

 

المعجم الكبير - (18 / 185 مكتبة العلوم والحكمالموصل(

 437 - حدثنا أحمد بن عمرو الخلال المكي ثنا يعقوب بن حميد ثنا يحيى بن سليم عن هشام بن حسان عن محمد بن سيرين عن عمران بن الحصين قال : قال رسول الله صلى الله عليه و سلم : ( لاطاعة لمخلوق في معصية الله )

“There is no obedience for the creation in the disobedience of the Creator.”

 

And Allah knows best

Wassalamu Alaikum

Ml. Ismail Moosa,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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