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Inheritance

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: My grandmother is dead and the entire estate is in my grandfathers grip. During my grandfathers life time he stated that after his death his two factories would be inherited by his 3 sons and out of the 2 houses one to the sons and one to 2 daughters. He even gifted them plots And always helped the children with money. Wasn’t that unfair or unjust towards the daughters. And actually the sons earn from that business and live in that house. So, whats the masaail would it be ok if the daughters forgive my grandfather and their brothers.

Bismillaah

A: The estate will have to be wound and distributed according to the laws of Shari’ah. Upon the demise of the grandmother, her estate should have been wound and distributed according to the laws of inheritance. If the grandfather had taken control of all the wealth and did not distribute it among the rightful heirs, then what he had done was incorrect and impermissible. The heirs are entitled to their stipulated shares. Depriving the heirs of their Shar’ee right is haraam. Similarly, the will that the grandfather has made is an un-islamic will. Hence, it is not valid and cannot be carried out. Upon his demise, the properties and wealth that are in his estate will be wound and distributed among the heirs according to the stipulated shares of inheritance.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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