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My Khalu died before his father’s death. Now khalu’s father has also passed away. A … so, that khala won’t get a bit of the share?

Answered according to Hanafi Fiqh by Darulifta Deoband Waqf
Ref. No. 1288

My Khalu died before his father’s death. Now khalu’s father has also passed away. A Muslim advocate tells that my khala wont get any share of the property according to the Islamic Shariah as her husband died before his father. So please answer and make it clear why it is so, that khala won’t get a bit of the share?


Answer:

Ref. No. 1246 Alif

In the name of Allah the most Gracious the most Merciful

Please find below the answer to your question:

When the father is alive, he is the owner of all his properties. Children shall have no share in the property of their father in his lifetime. After father’s death, the heirs will own all his properties. The children die in the lifetime of their father shall have no share in his property. The heirs are those who were alive at the time of their father’s death, and they will have share in the property of their deceased father.    

In the above mentioned case, when the Khalu was not alive at the time of his father’s death, he shall have no share in his property.

And Allah knows best

Darul Ifta

Darul Uloom waqf Deoband

This answer was collected from the official website of Darul Uloom Deoband Waqf. The institution is based in India and the answers are provided in accordance to the Hanafi Fiqh.

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