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Depriving heirs of their share of the inheritance

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Parents have two sons and two daughters. After their marriage they distribute their property and asked them to invest. After some time one daughter died and after her death, her father also died. Now the brother and mother are telling the children of the dead daughter that we will not give you the share of the property in which they invested and is registered in the court of law. Please guide us.

Bismillaah

A: If the daughter had gained control of the property etc. then it is impermissible to deprive her children of their rightful shares.

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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