Category: Jurisprudence and Rulings (Fiqh)
Fatwa#: 38549
Asked Country: United Kingdom

Answered Date: Oct 07,2017

Title: How should shares be divided in Islam?

Question

Assalamu alikum,

I hope your are in the best of Imaan and health. I have tried asking my local Imaam he was unable to answer the question.

This question is regarding how to distribute my Mum inheritance. She wants to distribute her share now whilst she is alive. The background is as follows: My mum and dad own a Flat in UK so they are equal owners of the Flat. My father has two wives he has already divided his lands in Bangladesh and in the UK. In the UK he has decided to give half the share to his SONS  of the second wife. My dad has not left any share for my mum or my siblings in his part (share of the Flat). My mum wishes to distribute her share amongst all the siblings (my own brothers and sisters). My mum has 8 siblings (3 sons and 5 daughters).

The question is:

1. How should my mums half share be divided in Islam?

2. My Dad has unfairly given his share my step brothers and sister. In shariah how does this stand? In addition he has not left any inheritance for my siblings and I in Bangladesh.

3. My Dad owns land in Bangladesh and the flat he owns with my mum in the UK. He has two wives and from first wife (my mum) he has 5 Daughters and 3 Sons. From the second wife he has 3 Sons and 1 Daughter. How should he divide the Land in Bangladesh and Flat in UK in terms of Shariah?

Please can you answer my questions as soon as possible.

Jazakullah hu Khairan.

Syed


Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Sharia has emphasised on maintaining justice and equality among ones children.[1] Injustice and inequality leads to ill feelings. We advise that you identify an appropriate person who has influence over your father to advice your father on maintaining equality among his children in gifting and dividing his properties in the UK and Bangladesh. Your mum may distribute her half share of the property in the UK amongst her eight children equally in her lifetime. She may sell her half share and give the proceeds to all her children equally. If she wishes to give her actual half share to her eight children, she should seek legal advice on how to do that as the remaining half of the flat is given to your paternal brothers by your father.

And Allah Ta’āla Knows Best

Ridwaan Ibn Khalid Esmail [Kasak]

Student Darul Iftaa
Katete, Zambia  

Checked and Approved by,
Mufti Ebrahim Desai.



[1]

 

[1] البحر الرائق شرح كنز الدقائق ومنحة الخالق وتكملة الطوري (7/ 288)

وَفِي الْخُلَاصَةِ الْمُخْتَارُ التَّسْوِيَةُ بَيْنَ الذَّكَرِ وَالْأُنْثَى فِي الْهِبَةِ

الناشر: دار الكتاب الإسلامي

 

البحر الرائق شرح كنز الدقائق ومنحة الخالق وتكملة الطوري (7/ 288)

يُكْرَهُ تَفْضِيلُ بَعْضِ الْأَوْلَادِ عَلَى الْبَعْضِ فِي الْهِبَةِ حَالَةَ الصِّحَّةِ إلَّا لِزِيَادَةِ فَضْلٍ لَهُ فِي الدِّينِ وَإِنْ وَهَبَ مَالَهُ كُلَّهُ الْوَاحِدِ جَازَ قَضَاءً وَهُوَ آثِمٌ كَذَا فِي الْمُحِيطِ

الناشر: دار الكتاب الإسلامي

 

 

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