Q: My father died and left an unIslamic will. The sons inherited everything and the daughters got nothing. The sons do not want to distribute the estate according to sharia (Islamic law) at all. What is the punishment for such brothers who usurp the shares of other heirs and what should be done?
A. You should get the elders of the family or the Ulama of your area to explain to them the consequence of not distributing the estate according to Islamic law. Your father carries the burden of drawing up an unIslamic will. If they have any concern for the welfare of their father in the hereafter, they will not hesitate to correct his error so that he can be freed from this burden. It is their incumbent duty to fear Allah Ta’aala and to rectify this error.
The shares of the sisters usurped by the brothers are Haraam upon them (the brothers) and the Hadeeth warns that the fire of Jahannam is more rightful of that body which has been fed with Haraam (Kanzul Ummaal V4 P14).
Another Hadeeth mentions that the person who deprives another from his rightful share that has been stipulated by Allah Ta’aala, Allah will deprive him of Jannah (Kanzul Ummaal V11 P9).
You may show this email to the brothers to make them aware of the grave error that they had committed
May Allah guide us all to His Pleasure – Aameen.
Moulana Yusuf Laher
Checked by: Mufti Siraj Desai