Holding back the rights of the heirs

Q: My husband died 2 years before and I have 2 very young age twins boys. I have nothing except my orphans. My in-laws are holding all my properties and telling everyone that they will return his properties after my boys adult hood when my boys will be independent. My question is what Islamic rules about widow who works very hard to raise her orphans empty handed. My in-laws don't do anything except backbiting and false accusations. They don't help us except hurting me. What Islam rules about my condition? My husband helped them a lot and made them rich and he didn't get anytime to do something for his wife and children because he died very early aged. My husband was very good Muslim and he died with cancer in 2015. What does Islam say? What about chapter 4, Surah Nisa? Please advise me.

A: It is a major sin to hold back the properties from the rightful heirs. The wealth that your husband left behind at the time of his demise belongs to all his heirs (including you and your children) according to the stipulated shares of inheritance. Hence, the estate is supposed to be wound and distributed immediately upon the demise of your husband. Delaying the distribution of the estate till the time the children become baaligh is not permissible. You should go to the Jamiat of your locality and ask them to assist you in this matter.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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