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Does the late husband’s brother and mother have a claim to the jewellery and house given to the 24 year old female?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My friend is a 24 years old female. Her husband recently died. She has not married any one else yet. Due to some issues she is separating from her in-laws and demanding her share. (1) On wedding she got some jewellery from her parents. (2) Some jewellery was gifted by her mother-in-law. (3) Some jewellery her husband bought for her, but this jewellery was from the savings of husband’s father (who is also expired). (4) One house is in her husband’s name but that was also not from his savings but of his father’s saving. Please tell me what things should be given to the female. Note: The late husband has one brother and his mother still alive.

Answer

(Fatwa: 1083/906/B=1433)

According to Shariah, the wife is entitled to receive her shares in the inheritance of husband after his death. She has right to demand for her share.
(1) Whatever jewelleries the wife received from her parents she is its sole owner.
(2) The jewellery which her mother-in-law gave her she owns it as well.
(3) The jewellery which the husband gave her, they are not given in the possession of wife rather they are given only to show. Hence those jewelleries shall be considered the property of husband as per the tradition, and the wife shall be entitled to receive one third of it.
(4) Whatever house, land, property, house belongings, jewellery, cash etc were in the possession of husband at the time of his death, all of them shall be divided into 12 shares. Out of which the wife shall get one fourth i.e. 3 shares, and the mother shall get one third i.e. 4 shares while remaining 5 shares shall go to the brother. The detail is as follows:
Wife: 1×03 = 03
Mother: 1×04 = 04
Brother: 1×05 = 05
Total: 12 shares

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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