My father who was passed away three years before and he has left property behind him. Before 3 months of his death he has declared his intention verbally in front of we two brothers that whatever wealth and property he owns not to be shared to his daughters after his death. It should be equally distributed among sons only. He also says that whatever he has given as gift in his life during their marriage and after to daughters is enough.
Now we are 3 brothers and 5 sisters so the property must be distributed according to Sharia law OR What should we do
Please suggest.
Answer:
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
Allah Ta’ala has made special mention of the shares of one’s children in the noble Quran by saying,
القرآنالكريم – (1 / 57)
يوصيكماللهفيأولادكم
“Allah admonishes you with regards to the shares of your children…”
Allah Ta’ala thereafter elucidates on the shares of a daughter by saying,
القرآنالكريم – (1 / 57)
فإنكننساءفوقاثنتينفلهنثلثاماتركوإنكانتواحدةفلهاالنصف
“…and if there be women more than two, then they will be entitled to two-thirdsof the inheritance, and if there be (only) one then she will be entitled to half.”
It will be incumbent for you to distribute the estate in accordance with Shari’ah. The decision of your father cannot over-ride the laws of Quran and Hadith. The daughters will still be entitled to their respective shares.Nabi صلىاللهعليهوسلمhas very emphatically mentioned,
المعجمالكبير – (18 / 185مكتبةالعلوموالحكم – الموصل(
437 – حدثناأحمدبنعمروالخلالالمكيثنايعقوببنحميدثنايحيىبنسليمعنهشامبنحسانعنمحمدبنسيرينعنعمرانبنالحصينقال : قالرسولاللهصلىاللهعليهوسلم : ( لاطاعةلمخلوقفيمعصيةالله )
“There is no obedience for the creation in the disobedience of the Creator.”
And Allah knows best
Wassalamu Alaikum
Ml. Ismail Moosa,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah