Inheritance

Grandsons inheriting

Q: If a person’s father passed away before his grandmother (i.e. Father’s mother) and the grandmother was inheriting from her grandmother will the grandsons inherit from the grandmothers estate while they are other brothers and sister of the father still living?

Grandchildren inheriting from their grandmother

Q: Ebrahim and Qassim are brothers. They were married to two sisters. Ebrahim had a son, Ismail who got married to his cousin, Khadijah (Qassim’s daughter). They had 8 children. Ismail, the father passed away a long time ago. Thereafter 3 of the children, Omar, Husain and Zahra passed away before their mother. Now their mother passed away.

My question is, can the children of Omar, Husain and Zahra inherit from their grandmother? If they are not intitled to the inheritance, can they get anything via any other way since they looked after her quite a bit.

Inheritance

Q: If a woman passes away and leaves behind her son, her mother and brothers and sisters but no husband and father. Who will inherit and how will the shares be divided?

Non-Muslim brother inheriting from parents

Q: My brother has gone away from the fold of Islam by having a girlfriend who is Christian Orthodox, committing zina, having a child out of wedlock and then saying that he will be become Christian for the sake of his child and girlfriend. He contacts my parents only when he wants some financial help otherwise he is not in contact with them or other family members on any regular basis. Whenever he does contact my family, we have always tried to remind him of Islam and Allah.

1. What does Shariah say for this matter with regards to his inheritance from my parents when they pass?

2. Should he be included in any will my parents make?

3. Does he have any right to claim inheritance from my parents if he is no longer Muslim?

4. Does my family have any responsibility or rights towards my brother if he claims to have forsaken Islam?

5. Should my family maintain contact with him or do we sever ties with him if he is no longer Muslim? 

Forfeiting one's share in the estate

Q:

1. If persons' A, B and C were going to inherit and person C decided that he didn't want his share, does his share go back into the "pot" and distributed accordingly between persons A and B or can person C instruct the executor as to how they want to receive that share?

2. When distributing the deceased's wasiyat for missed fasts, salaah, etc., to who can this money be given to? E.g Musjid, madrasah, Muslim organisations, poor Muslims, etc. What would be the best way to distribute it.

Executors consulting with the other heirs before making a decision

Q: My late Dad had left behind an Islamic Will. Through the process my elder brother and I had been appointed as executors of his estate.

Question: Can we (the executors) make a unilateral decision on behalf of the other heirs to ensure a fair and equitable resolution to the issues plaguing the sale of the property.

Context to the question: My dad left one property as part of his estate. Its structure is such that it is impractical to split the property relative to each heirs proportionate share. Once we have determined a value of the property (formal process) can we as the executors unilaterally make payment to the other heirs in proportion to their inheritance (Islamic share)?

Nephews inheriting in the case where there are no living sons or brothers

Q: My father has passed away few days before and I want to ask you about distribution of inheritance. My father passed away leaving behind:

- One wife

- Three daughters

- Both parents have already passed away

- He had 3 siblings and they all passed away in my father's lifetime

- 1st elder sister who already passed away left behind 1 husband and 2 daughters

- 2nd elder brother who also passed away left behind 1 wife, 1 son and 2 daughters

- 3rd younger brother who left behind 1 wife, 3 daughters and 1 son.

In this case who will inherit and in what ratio? We are confused whether the nephews will also inherit or not. Please clear that. 

Inheritance

Q: My father in law, Mr. A has 6 daughters (all married). His late father had many properties which have not yet been distributed among his heirs due to some legal problems. Now Mr. A is not well. He has 4 questions:

1. Will Mr. A get his complete share as per shariah when the property is distributed?

2. If he passes away before the distribution, will his daughters get his complete share?

3. After his death, how will his property be shared among his heirs?

4. Can he make a will giving everything to his daughters now?