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Inheritance

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: I have a question regarding inheritance. If someone could please kindly answer. I would be most grateful. A father has 5 children, 3 sons and 2 daughters. His house is in his ownership. he makes a verbal arrangement amongst some family members that this house belongs to one of his sons, although by law he does not transfer the ownership of the house to that son during his lifetime. The mother insists that even though the father is still alive , the son to whom the house is promised after the fathers death must pay his younger brother his share of the value of the house. Regarding the 3rd remaining brother it is verbally decided that he will not receive any share of the value of the house as his parents have already financially helped him. Furthermore it is agreed that the two daughters will not inherit and they both verbally express they forgo their right of any inheritance in favour of two of their brothers. If you could please give me the Islamic ruling on the validity of all this.

Bismillaah

A: Ownership means that the recipient of the gift must have complete control of the gifted item. If he does not have complete control of the gifted item then this is not considered as a gift. It will remain the property of the one who has gifted.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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