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Various questions on Inheritance

Answered as per Hanafi Fiqh by DarulIftaBirmingham

The following are questions I am looking for guidance on:
1) Is it possible under Islam to follow through with Shariah Law only on the lawful money? i.e. the £30,000 deposit and small amounts in bank accounts left over (savings) and leaving out Unlawful money (mortgage £105,000)
2) Anything that I had paid for i.e. items within the house does Shariah Law apply or are do these belong to just me?
3) The car which we bought together I had paid Zeeshan a total amount of £6,000 which he was going to return to me but due to sudden death this was not returned. Would Shariah Law apply to this or would the car be mine? The car is valued below this amount.
4) If Shariah Law has to be applied to minor things/possessions what is the best way to do this?
5) What about items that were gifted to both of us?
6) If I was to follow Shariah Law and Zeeshan’s parents wanted to inherit major and minor possessions do I need to pay them in a lump sum? Or is it permissible to pay up monthly with no interest or a few instalments?

In the name of Allah, the most Beneficent, the most Merciful.

Answer 1

If it is possible to differentiate between the halal and haram money, then one should do it. The halal money should be distributed amongst the heirs and the haraam money should be given to the poor without the intention of reward. (See Raddul Muhtar p.553 v.9). If this is not possible then if the majority of the money is halal then the deceased’s wealth will be considered halal as well and all of it will be distributed. (Kifayatul Mufti p.289 v.8)

Answer 2

The items which you paid for will belong to you and the inheritance law will not apply.

Answer 3

If you’re late husband promised you that he will return the money then that amount will be considered as a debt and you will be entitled to receive that from his inheritance.

Answer 4

Minor things such as clothes, perfumes etc… should be distributed between the heirs. If the items are valuable, like laptops, mobile phones etc… then it should be sold and the money received, distributed between the inheritors.

Answer 5

Gifts which were given to both you and your husband should be sold with 50% of the sale price being considered to be the inheritance of the husband.

Answer 6

As long as the other inheritors, whatever amount your late husbands parents were entitled to, you can pay them. This payment can be done either in one lump sum or in monthly instalments. (See Aapke Masaail p.368 v.6)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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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