Inheritance issues

Q: The purpose of this email is firstly to educate myself on how to cope with such a dilema and how I could sit down and advise my father on what has happened and InshaAllah he can put this particular issue to rest. These things are constantly on his mind which is affecting his health, basically he needs closure.

The estate in question is of my uncle, my fathers brother. He left behind no children, a widow only. His widow was the executor of his estate. She distributed the estate to herself on the basis my late uncle gave her everything he owned two days before his death. She has a fatwa from a respected mufti that what she did/is doing is correct, Mufti's fatwa was correct on the information he was provided but does not tell the whole story.

My uncle passed away from cancer, he suffered before his death. In my personal opinion he was not in sane state of mind in the weeks before his death. He verbally abused my parents when they visited and even stated openly to everyone he will not let my father inherit from his estate. So our family accepts that his living request was not to distribute his estate according to Shariah. And we have no control over his estate as we were left out of consultation when it came to this matter.

Her defense is Mufti's fatwa says everything is done according to Shariah. Apparently there was witnesses to my uncle verbally giving everything to her in that two days before his death, but no one willing to come forward.

My father is very upset in the manner in which his one and only brothers estate was handled, for example he was excluded from the will reading etc... My father accepts the facts that his brother did not want him to inherit. Also he has no intention of claiming from this estate, besides him having no legal claim whatsoever. All he wants is clarification on the events leading to the conclusion that his brothers estate is done islamically according to Shariah. Verily Allah (swt) knows best.

My father is very strong headed when it comes down to whats right and wrong. The amount of disunity in the family this has created is very sad... Two questions I may ask please...

1. Please advise me what advise i can give my father on dealing with this matter as it is not healthy for him to carry on like this.

2. Based on the Above events, taken into account everything is done according to Shariah, does my uncles wife have the right to claim his full share from My GRAND FATHERS estate.


1. It was not permissible for him to give his wealth in that state and it was not permissible for the wife to accept it. It is not your father's sin.

2. It will be distributed to all his heirs. His wife cannot take the entire share.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)