IslamQA

Random Q&A

Inheritance

Answered according to Hanafi Fiqh by Muftionline.co.za

Q:

1. My mother gave me her gold bangles before she passed away and instructed me to use them to build/support a masjid I had them for a while but unfortunately we had a burglary in our hose and almost everything valuable ( I had no insurance on them ) now what is my position on fulfilling my duty/debt on this please? I have not a lot/full value in cash to carry out the responsibility I was trusted to fulfil.

2. My fathers wealth. We were four brothers one passed away a long time ago 35 years and he left a daughter who at time was only three years old my family decided to get her mother to marry my v young brother to her mother who is still married to her and has three of his own children + one niece/daughter whom he brought up v well and is now married has family of her own point is my father did not leave a written will (common in our culture) but had expressed his will/opinion i.e. she (my late brother daughter+her mother are now) are now my younger brother family etc so my both parents (both passed away recently) intention will understanding was same that the wealth would be divided in three alive brothers but again common thing in our culture/fam my uncle being elder has different ideas as my younger bro wife is also his sister in law (uncles) and is v v close to him so he saying it should be divided in four in favour of his sister in law complication comes as some of our father wealth is mutual with uncle ie before my parents passed away we swapped some properties mutually with my uncle but never transferred registered them to any ones names they remained on my father and uncle names but since then my uncle has sold his entire wealth that he got from us/my father in swap but still has our share which is on his name but wont transfer it to us unless we do it to by his will ie divide by four. What is the shariah law in this situation?

Bismillaah

A:

1. You are not responsible because it is not within you volition.

2. If he bequeathed that some wealth be given to his granddaughter then the bequest should be carried out from up to one third of his estate.

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.

Find more answers indexed from: Muftionline.co.za
Subscribe to IslamQA Weekly Newsletter

Subscribe to IslamQA Weekly Newsletter

You will receive 5 Q&A in your inbox every week



We have sent a confirmation to you. Please check the and confirm your subscription. Thank you!