Inheritors wishing to waive their right of inheritance

Q: A man dies leaving behind no biological children nor parents. He had 10 siblings and many nephews and nieces. He did not have an Islamic will and wished to distribute his estate to his siblings, nephews and nieces. He is currently survived by 40 people (3 brothers, 1 sister and 36 nephews and nieces). His siblings wish to waive their shariah rights and distribute the estate equally among all 40 individuals. The main reason for this is to maintain and improve family ties among all. Would this be in order?

A: We suggest that the siblings should accept their respective shares and thereafter use that wealth according to their discretion, whether they wish to keep some and give some to the nephews etc., or give all or keep all. They have the choice to decide.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)