community of property

Winding up an estate

Q: I've got a question and situation pertaining to inheritance and estate.

My mother in-law has passed on and wasn't married ANC contract but rather in COP. Half the property goes to my father in-law. To make the winding up of the estate easy, the 3 brother's decided to legally put the entire property on my father in-laws name. Now that my father in-law wants the property to be sorted out, the issue is that the youngest brother and his wife live with my father in-law. The property is valued around R1.1 million. The youngest brother who isn't very stable wishes to buy the elder and middle brother's shares at 150k each as that's all he can afford and wishes to pay monthly whatever little he can afford. 

What's the correct shariah process to follow since it's on my father in-laws name legally? My husband wishes to just give the shares and say that don't pay monthly but whenever he has means later in life then he can give it to him. My husband himself doesn't own a property or anything so should he not accept his shares so that he can put it aside for hajj or as a deposit for our own house? Tomorrow if anything happens, my husband says I should go with my 3 kids to my parent's as he has nothing.

What should be done to please Allah and what process should be followed ? The father in-law does live with the youngest son that wants to buy the house but he is ever complaining about him and my sister in-law to us which isn't right at all.

Distributing the estate in a C.O.P Marriage

Q: My father past away in 2008 he was married in c.o.p. I have 4 sisters and me as the only son. What happens to the house as they want to put the house on to my mother's name and they say she owns half the house. What does shariah say about this and how do I go about in sorting this out. The house was bonded with my late father and mothers name, now she is the executor so how does this work? 

Issuing a divorce in court to dissolve a COP marriage

Q: Unfortunately we grew up in a time when our Islamic knowledge was very limited, hence it lead to a lot of mistakes and sins that we have committed. One being in question is that when we got married we followed the kaafir law of COP not realising and understanding the concept. Today it brings up alot of complications. Living in our country it is very difficult. People have advised us that the only way to rectify this is through an English divorce at the court. I am very afraid of this as the law of talaaq is not a simple issue and I don't want to live in sin and regret. Can Mufti Saheb please advise me on this.

Wife claiming 50% of husband's wealth after divorce

Q: My wife and I are experiencing marital problems. She is demanding a divorce from me. According to the legal system of the country where I reside, in the case of divorce, she has the right to claim 50% of my assets. I have not yet paid her mahr to her. She is now demanding 50% of my wealth as well as her unpaid mahr.

If she takes advantage of the legal system and takes me to court claiming 50% of my wealth, will this wealth be halaal for her according to Shariah and will I still have to give her the outstanding mahr?

Government assistance

Q: I have 2 questions.

1. I am asked to lie by my parents to DWP. Both are against Islam - lying and disobeying parents. What should I do?

2. I am divorced and by English Law. I own half of the property where myself and our son both stay. What is the ruling Shariah wise?