Question:
1. In the light of the Shari’ah (Islamic Law) is the wife of my deceased son allowed to use any money from my deceased son’s estate prior to it being distributed amongst the other inheritors? It should be also noted that my son left behind a Shar’i will.
2. Before my late son’s estate could be distributed amongst his heirs, his son (my grandson) passed away. In the light of the Shari’ah who is entitled to his share? My grandson left behind 3 sisters, 1 brother, mother, paternal grandfather and grandmother.
Jazakallah
Answer:
- When a person passes away his estate becomes the inheritors right. This is why according to the Shari’ah the deceased estate should be distributed to his heirs as soon as possible so that they can benefit from it. However, until the estate is not distributed amongst the heirs none of the inheritors have any rights to use anything from the estate without the prior permission of all the other inheritors. If any of the inheritors utilized anything of the estate without the permission of the other heirs or the Qadhi (judge), then this will be regarded as going contrary to the Shari’ah.
In the light of the above, the wife of your late son is only allowed to take and use her share of the inheritance which is one eighth. Whatever she takes or uses over and above her share will be illegal possession of the rights of the other heirs and she will be held responsible for their shares. It is now her responsibility to return the shares of the other inheritors of which she has deprived them.
- In your case according to the Shari’ah the share of your late grandson will be inherited by his mother and paternal grandfather only. Therefore the sons share from his father’s estate will be divided into six equal shares. The mother will receive one share and the paternal grandfather will receive the remaining five shares.
And Allah Ta’ala knows best
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
26 August 2004
09 Rajab 1425