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My brother has given gold ornaments to my mother few years back, after her death my father has wholeheartedly asked everyone in front of her janazah that does the marhuma owes any one anything, is she due to someone or has she made any commitment which I can fulfill no one replied. But suddenly we noticed that some of her ornaments are missing when enquired my brother was in Dubai he said that I have given the said ornaments and I have taken but he has not asked my father permission for the said thing instead it looks he has stolen the same from the cupboard locker. Please clarify as to how far he is correct or what Shariah says in this incident.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com

My brother has given gold ornaments to my mother few years back, after her death my father has wholeheartedly asked everyone in front of her janazah that does the marhuma owes any one anything, is she due to someone or has she made any commitment which I can fulfill no one replied. But suddenly we noticed that some of her ornaments are missing when enquired my brother was in Dubai he said that I have given the said ornaments and I have taken but he has not asked my father permission for the said thing instead it looks he has stolen the same from the cupboard locker. Please clarify as to how far he is correct or what Shariah says in this incident.

Answer

(Fatwa: 262/262/M=1434)

If the brother gave the ornaments to your mother as loan or trust then he may take it back. But if he gave it as gift and made the mother its owner then after the death of the mother those ornaments became inheritance and all the Shariah heirs shall have their rights in it. It is not right for the brother to take it alone. It amounts to embezzle the shares of others which is unlawful.

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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