Answered according to Hanafi Fiqh by

Q: My father made his will in September this year and in the event of his death my brother gets my father’s assets. Unfortunately my brother passed away on the 04/10/2017 and my father also passed away on the 23/10/2017. My late brother is not married legally in court and did not have a will. My brother’s wife has my father’s title deed and will and doesn’t want to give me anything that belongs to my father. Please advise what needs to be done in this situation.


A: The first step is that the estate must be distributed according to the shar`ee rules of distribution and winding up of estates.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

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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