Q: My father past away in 2008 he was married in c.o.p. I have 4 sisters and me as the only son. What happens to the house as they want to put the house on to my mother’s name and they say she owns half the house. What does shariah say about this and how do I go about in sorting this out. The house was bonded with my late father and mothers name, now she is the executor so how does this work?
A: A c.o.p. marriage contract is not recognised in shari`ah. The estate has to be distributed in accordance to the shar`ee laws of inheritance. Whoever takes the share of another heir will be eating haraam and will have to face the consequence of this evil action in the hereafter.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)