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Moral Dilemma: Distributing Inheritance According to Shariah After Husband’s Passing

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have a moral dilemma which I need some help and guidance with. My husband passed away a few months ago and we are in the process of distributing the inheritance within the heirs. I have a son and a daughter and his both parents are alive. There are two sums of money. One was given by the office to me and I want to distribute it among ourselves according to shariah. This was totally my husbands money. The other is our savings in which we both contributed but were in his name. My contribution included the money I got from my father as well as the savings I did when I was working. My question is do I deduct my portion from our savings before distributing it according to shariah? Or since it was no longer in my name I cannot claim it and all of the savings will be divided. One problem is that the matter is being settled by court in the form of succession certificate where it is expected that the court will keep the children’s inheritance for safekeeping until they are 18. That means I will have access to only the amount that the court will give to me i.e. 1/8th. Kindly advise what should I do.

Bismillaah

A:

1. What you had put in belongs to you and what was deposited by him goes into the estate.

2. Yes, you are entitled only to your share.

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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