Family broken up due to estate problems

Q: My father were 4 brothers and 1 sister. As my grandfather expired at such a time where my father and his siblings were quite young, my father’s eldest brother therefore took care of the family business. My grandfather owned a leather factory. Few years things were going well Alhumdulilah but later after the marriage of my father’s eldest brother he deprived everybody else in the family except his mother of the income which was till now being generated from the factory. He said that because since so many years he was looking after the business therefore the factory was now his and nobody in the family was to put his claim anymore. My grandmother also supported him because she was getting her monthly expenditure from him. My father, mother and the rest of my uncles and aunt took the matter to the court but even there my eldest uncle did something because of which my parents had to withdraw the case. Since then, my parents were in a very bad financial condition and had to suffer a lot. Now the state of my family is like very hostile towards each other. My eldest uncle has now expired and his wife has taken over the business and we are still deprived of the income which is generated from the factory. This hurts my parents and many a times a fight ensues. The  daughters of my eldest uncle has abused my mother very badly and said things to her which was worst than the worst. Keeping all the situations in mind, what should we do now as we are not in talking terms with them but fear Allah’s anger that if we break ties then Allah will be angry but being in talking terms with them is very tough as they even think that we are doing so in order to gain benefit from them which is not true. As they have abused my mother I just don’t feel like being good towards them any more. What should be done in this case? And what is to be done with the factory thing? Don’t we have any right over its income? Its been 25 years nearly since we have been deprived of our rights. 


A: In Islam we are commanded to try our level best to maintain family ties even though our family servers ties with us. Nabi (Sallallahu Alayhi Wasallam) once said to the Sahaabah: 

“Should I not show you the best and most sublime conduct (when dealing with the creation, which is most virtuous) in this world and the Hereafter. The Sahaabah replied, most certainly O Rasul of Allah, do inform us. Nabi (Sallallahu Alayhi Wasallam) then said join ties with those who sever family ties with you, and continue to bestow your favours upon those who deprive you and forgive those who have oppressed you.”

As far as the factory is concerned, we suggest that you contact a Muslim body (Jamiatul Ulama’ of the area) and refer the problem to them and after contacting the respective parties, they will be in a better position to guide you and resolve the matter.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)