IslamQA

Inheritance

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I have a question and need an answer according to Islamic Shari’ah. My father died in 1992 and he inherited one small house. We are 3 brothers and 1 sister living in joint family. My elder brother worked and earned money for home running and also we received an amount from a good person on monthly basis as charity for me, my younger brother and sister (not elder brother due to his age fit for working). We lived and covered the expenses from these incomes. When this charity income stopped, I started teaching for living. Later on I joined a private company and earned lots of money and built a new house. We all shifted to that home and lived for 7 years and I covered all home expenses, mother, brothers, sister including whole family of my elder brother in which there are 5 children aged 5 years. Now we want to divide the property which is the new house built by me in 2013 after my father’s death and the old house inherited by my father. Can this new house also be divided in brothers and sister or just we need to divide the house inherited by my father. I mean the new house amount was fully earned all by me and cannot be divided because this is my self earned amount not inherited by my father. My brothers say that all property will be equally divided, but I say that only my father’s property will be divided and the rest is self earned property of mine after several years of my father’s death. Please let me know the solution for the property division which is earned by brothers not inherited by father. Do my brothers and sister have a right in the property which I have self earned after my father’s death or they only have right in the property which my father has inherited?

Bismillaah

A: According to the shari`ah, estate refers to all the assets etc. that the deceased left behind. I suggest that this should be winded first and thereafter if anybody wishes to give away some portion of his wealth he may do so.

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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