FARAIZ- DIVINE PRECEPTS. My mother died on 25.09.1996 intestate and my father died before her.She left behind two sons and two daughters,and according to her written WILL she had said that the property No 22,Nasiruddin Road,Hussain Chambers, Park Circus,P.S.Karaya Kolkota 700-017 be divided to the four benefeceries according to provisions of Muslim Personal Law Shariat ( application ) Act 1937.Please can you divide the property according to SHARIYA AND SEND ME A WRITTEN FARAIZ AT MY ADDRESS.Your Safir Md.Salim Anzar Qasmi is sitting with me and has asked me to write to you. Also can you also inform me what are the provisions of ORAL HIBBA, what is the procedure of Hibba.I need this testimonial by 4th APRIL 2010.
Answer:
(Fatwa: 358/358/M=1431)
If, among the legal heirs, only two sons and two daughters survive and no other heir is alive except them, then the entire property and wealth left by the parents, after due rights preceding inheritance, will be distributed in 6 shares, and each sonwill get 2 shares and each daughter will receive 1 share.
Verbal hibah (gift) is also valid. The procedure of verbal hibah is that wahib (donor) is giving his possession to mauhoob lahu (donee or beneficiary) by saying: “I gifted this thing to you”, and gives it completely in his possession, and disconnects himself from it.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband