IslamQA

Handing over a share in inheritance

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by:  Maulana Tahsin Alam​


Question:


Assalamu Alaikum Wa Rahmatullah


My father had told his sons to make a house in Pakistan. They did when he died the mother put the house on the son’s names. At that time the sisters agreed to give their shares to the brothers. They were not forced but willingly signed and fingerprinted the letters in the embassy. Now knowing the value of the house they are asking for their share.


Islamically can the brothers say no to them as they handed it over or do they have to give them there share. Ideally, I know as husne sulook they should give it to them but they signed the documents and they will also be affecting their relationship with their wives and children by taking away there right now.


Answer:


بسم الله الرحمن الرحيم


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


They are not required to handover any share.[1] If they do so, it will be a voluntary action of goodwill from their side.


 


Only Allah SWT alone knows best.


Written by Maulana Tahsin Alam


Checked and approved by Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


 


 


 



[1]“لا يحل مال امرئ مسلم إلا بطيب نفس منه” الحديث (جامع الترمذي 7662) 


 


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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