One of the heirs taking more than his stipulated share of the inheritance

Answered according to Hanafi Fiqh by

Q: I want to know that a man who was in a government job dies (he has two sons and two daughters). Elder son gets job in his fathers place and gets well settled. Younger son did everything on his own but still not settled. In the light of Islam, should he get some extra benefit as the elder one got a government job? They have a paternal house on their mothers name who is alive.


A: The deceased father’s estate will be wound and distributed among the heirs according to the stipulated shares of inheritance. It is not permissible for any brother (or any heir) to take more than his stipulated share of the 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, 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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