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My sister is 55 years old and her parents are not alive, she has her own property and income. She is of unsound mind. She has three elder brothers and two elder sisters. One brother and one sister are her neighbors and the brother provides her food for which he takes monthly money. Her bank account and post office account is looked after by her sister. Who can be her WILAYAH, the sister or the brother?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
My sister is 55 years old and her parents are not alive, she has her own property and income. She is of unsound mind. She has three elder brothers and two elder sisters. One brother and one sister are her neighbors and the brother provides her food for which he takes monthly money. Her bank account and post office account is looked after by her sister. Who can be her WILAYAH, the sister or the brother?

Answer

(Fatwa: 750/632/B=1433)

As long as your sister is alive, all her brothers shall have her wilayah. And after her death her property shall be divided among her brothers and sisters as per the rule للذكر مثل حظ الانثيين (brothers will get double of the sisters).You may know the division after her death by writing the detail of her heirs.

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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