Ownership of the business after the father passed away

Answered according to Hanafi Fiqh by Askimam.org


There are 3 brothers and a mother.Brother A has been in the family business in access of 20 years.The business belongs to the father.The father has passed away and the business has not been given to the brother A the other brothers or the mother.

There is no Will.

Firstly does anyone according to Sharia automatically have ownership of the business?

If not how does one handle this matter according to Sharia.


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

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

The information provided in the query is not sufficient to issue a ruling. We advise your’ll to consult with a competent Mufti who will ask you’ll the relevant information and advise you’ll accordingly.


And Allah Ta’āla Knows Best

Mufti Ebrahim Desai.