Distributing the estate according to Shari’ah

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: My elder brother passed away in 2012 aboard. He was married in 1997. But from the 20th till his death they living separate. They don’t have any kids. His wife wants to stay independent from our family. Now after his death she comes to us and asking for all his properties which he gave us to handle. We told her what Shar’iah told, we are ready for that but she told us we are Indian. She wants Indian law as here for Hindus. What does Shar’iah say about  this matter? Please advise.


A: As Muslims, there is no Indian law. All Muslims will follow the same law. Hence, the law of inheritance is the same for every Muslim, irrespective of his nationality, colour and race.

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.