Question:
My father died 3 years ago leaving an un-Islamic will. At time of death, heirs were 3 sons, 1 daughter, and wife. In his will he left the shop to 1 son and daughter. He left other assets to grandchildren and nothing to other heirs. Daughter and son who inherited the shop decided on value of shop (grossly undervaluing) and paid out according to Islamic share. Other assets were not taken into account. I refused to take the money saying that there was no mutual agreement on price and also I didn’t want to sell my share of shop. After 3 years still nothing has been done. While my father was alive he bought a flat on my name. He did also mention while alive that this flat belongs to all brothers and sister and that all brothers and sisters should live happily. After 3 years 1 brother collects R12000.month from shop, sister makes millions from shop, third brother accepted share from shop and received policies from fathers death worth R300 000. Mother received R50000. Clearly I (youngest son) have not received my share from fathers estate. I want to sell the
flat now on my name. Is the money I get from the sale of flat permissible?
Answer:
You are entitled to receive 25% of your father’s estate as an heir, provided your father’s parents are not living. Therefore, if the flat is equal in value to 25% of the estate, then you are allowed to sell it and retain the money. If the value of the flat exceeds 25% of the estate then you are permitted to keep that amount which is equal to the 25% and return the remaining to the other heirs and if it is less than that then you should claim the remaining from your father’s estate.
And Allah Ta’ala knows best
Ebrahim bin Zainul Abedeen Backus
Attested to as correct by:
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
18 March 2005
07 Safar 1426