Category: Inheritance
Fatwa#: 40897
Asked Country: India

Answered Date: Sep 01,2018

Title: Inheritance for Non-Contributing Family Member

Question

AsSalamalekum Wa Rahmatullai Wa Barakatuhu,

I am 43 years old brother and my name is Ibrahim Mubeen Shaik.  I used to live in US and CANADA, now moved to India to help my mother as my Father passed away 4 (In 2013) years back.  May Allah swt have mercy on his soul  and grant Jannutul Firdaws – Ameen. 

In family, my brother (eldest) and myself are only children. Alhamdulillah my mother is living with me in India now.

My question is related to Inheritance.  It is bit unique situation. Alhamduliilah, I am not the one who has Inheritance issue.  

I Just want to give little bit background on the situation before asking the actual question.  All these facts/truth, my father shared his story many times with his family.

My Father was an orphan (my grand father passed away when he was 5 or 6 years old).  My grand mother had 3 children – First my Aunt (my dad’s elder sister), my father and another male child (my chichha/uncle).

When my grand father passed away, my grand mother was in her 20-25 years age and never got married. She really struggled to raise the family, literally she worked in her own fields (not much 1 or 2 Acers land).  My grand mother passed away in 2010.  May Allah swt have mercy on her soul  and grant Jannutul Firdaws – Ameen.

As it was very difficult to raise 3 children, she gave her last male child to her sister as her sister had no children. They have adopted him when he was 3 or 4-year-old (I understand there is no adoption in Islam). That family was in good position at that time and they gave very good life to my Chichha/Uncle.

My Father worked very hard and studied well to become first engineer in that village. He took care of her elder sister’s marriage and gave very comfortable life to my grand mother.  Alhamdulillah, he retired as Chief Engineer.  He has helped many people in that village to get jobs, marriage, mosque in village, advice etc…  

My father built a nice house for my grand mother with his own earnings.

As my father was very kind, one her Khala/Aunt (my grand mother’s sister) gave my father and my aunt some property.  My father never liked that idea.

My Chichha/Uncle, never got involved in any of this struggle, hard life and family expenses as he was living completely in different town with another family. He had very comfortable life and he got lot of inheritance from his adopted parents.

So that is back ground before asking the actual question.

6 years back, one fine day, my Chichha/Uncle (Fathers’ brother) came to our house and asked for Inheritance from my grand mother (his biological mother).  My father told him that “he will not get anything as he was not at all involved in the family expenses or struggle etc…”. My father’s point was, he will not get anything because his brother never participated in any family expenses, sister marriage and struggle for food , to support mother etc..

My question is -  What is the Islamic ruling on this situation? Do we (my brother and myself) should give any inheritance (from my grandmother) to my Chichha/Uncle?  Please advice.  In Sha Allah, I don’t want my father to be accountable regarding this Inheritance on the day of judgement.

Could you please advice on this situation as per Islamic law?

Jazak Allah Khair

Ibrahim Mubeen Shaik.

 

Answer

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

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

In principle, a child will always inherit from his parents. This is clearly understood from the Qur’an.

In the enquired situation, when your grandmother passed away, her children, your father and uncle were her heirs. They are both entitled to a share of the inheritance.[1] This is a right given by Allah Himself. It was incorrect of your father to refuse your uncle his share of the inheritance due to not assisting the family.

We advise you to undo your father’s wrong and relieve him from the burden of refusing your uncle his share of the inheritance.

 

And Allah Ta‘ālā Knows Best.

 

Checked and Approved by:
Mufti Ebrahim Desai.

 

 

 

 

 



[1]

مختصر القدوري (ص: ٢٤٥)

ولا يرث أربعة: المملوك والقاتل من المقتول والمرتد وأهل الملتين

 

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