My father died few years ago. We are 2 sisters including me and 1 brother and my mother. My mother lives in India and for some months in the US. My mother receives my father’s pension and some money from rents from our property in India. The question is if all the money she gets in India including pension and rents from properties will belong to her or it should be distributed among all 4 of us according to the Islamic rules of inheritance? What is the Shar‘ai teaching regarding the inheritance in this matter?
JazakAllahu Khaira
Walaikumassalam Warahmatullahi Wabarakatuhu
الجواب و باللہ التوفیق
Since inheritance is calculated from the wealth one owned at the time of their demise whereas pension and similar survivor benefits are acts of cooperation and thankfulness from the state, it is up to the state who it issues that amount of pension to, no other inheritors will have a right over that money. If however, the amount of such pension and benefits were deposited with the deceased before their death, then it will be considered as part of the overall estate or wealth of the deceased and all inheritors will have their share in it. As far as the properties and their rent is concerned, since these were owned by your father, the properties and any profit from them will be shared by the heirs. The method of this division will be to divide the total wealth into 32 equal shares of which 4 shares should be given to your mother, 7 shares each to your sisters and 14 shares should be given to the son.
المالک ہو المتصرف في الأعیان المملوکۃکیف شاء من الملک۔ (بیضاوي شریف، مکتبۃ رشید ۱/۷)الملک مامن شانہ أن یتصرف فیہ بوصف الاختصاص۔
(شامي، کتاب البیوع، باب البیع الفاسد، مطلب في تعریف المال۔ مکتبۃ زکریا دیوبند ۷/۲۳۵، کراچي ۵/۵۰)
فقط واللہ اعلم بالصواب،