Distributing the inheritance equally between all the heirs

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: The inheritance of a man is being distributed. My brother wants it to be shared equally among brothers and sisters. I have debts to pay but feeling obligated to give my share because of the pressure from my brother. What should we do?

Bismillaah

A: In regard to the laws of inheritance, it should be borne in mind that the laws are not based on personal decision or subject to mutual agreement. Rather, they are divinely stipulated by Allah Ta’ala. Hence, each heir will have to be given his stipulated share of the inheritance. Distributing the inheritance equally between all the heirs is haraam as this will result in going against the command of Allah Ta‘ala and depriving some heirs of their full right of the inheritance.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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