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Usurping of Wealth

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

Respected Mufti Sahib Assalaamualaikum,please answer the following Jazakallah.Question1-Mohammeds Money( whole wages)was taken from him by his step mother without his will,the step mother gave the money to Mohammeds Father,when Mohammed wanted Money to spend on his family(wife children) they would not give the money,a total of 37 thousand pounds was taken from Mohammed without his will, many people know that there money was taken without there will,his Father has passed away is it permissible for Mohammed to take the money which was taken without his will from his Fathers wealth which he has left behind and then distribute the remaining to the Inheriters? Note- My opinion which is supported by many other Mufti sahibs is that it is permissible for Mohammed to take the money from his Fathers wealth which was taken without his will,I would like you to approve this,Jazakallah Wassalaam    


Answer:

                                                                   

Muhammad’s wealth was taken from him by his stepmother against his will, therefore it is permissible for Muhammad to take his money (£ 37 000) from his father’s estate and then distribute the remaining estate to the inheritors.  It has been narrated by Abi Hurrah Ar-Raqqaashi (R.A.) that he narrates from his uncle that Nabi (S.A.W.) said:  “Beware!  Do not oppress.  Beware!  It is Haraam to consume a person’s wealth except with his consent.”  (Mishkaat, Page 255, Hadith 2810)

 

And Allah Ta’ala knows best,

Ilyaas bin Hashim Limbada

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

21 January 2004

28 Thil Qa’dah 1424

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