Inheritance

Inheritance

Q: Kindly inform us regarding the distribution of inheritance based on the following. Deceased left wife, mother, infant daughter and a sister.

Inheriting from one's non-Muslim father before embracing Islam

Q: There is a lady who inherited money from her non-Muslim father many years ago. The inheritance was distributed according to government law in Portugal.

The lady has moved to South Africa after accepting Islam. The inheritance was given to her while she was a Muslim.

She currently stays with her husband here but they are struggling financially. What should she do with the money? Can she keep it or should she give it away? If it's the latter option, to whom should she give it to?

Distributing the estate of one's parents

Q: My question is related to the distribution of the estate and inheritance.

We are 3 sisters and one brother, our father passed away before ramadan and after almost 4 months on our mother passed away. The father left a building and the mother also left a building in the estate. Although they never wrote any will but my mother wished to give me her gold which she left and she shared her wish with my other sisters as well that she wanted to give it to me.

1. Now the question arises that would it (gold) be divided among all the siblings or just I will be getting it?

2. Now secondly, please also explain how soon should the estate be distributed among the siblings?

3. Also, whatever is left (the belongings of the father and mother), should it be first mutually discussed between the siblings that if they want to give it to someone else or to use it by themselves, or anyone among the siblings can just give it without asking or discussing it with other because some belongings have been given without mutual consultation? Would the person get a sin if he/ she doesn't mutually discuss about it? Highlight the importance of discussion specially in inheritance according to islam.

4. Lastly, both the buildings which my father and mother owned were giving rent, and since after my fathers death for the last four months no rent coming was distributed among the heirs and was not even disclosed. It is been collected under the supervision of our brother and a sister but the amounts are not discussed and not yet distributed. Kindly tell would the person be sinful if he has been storing the rent which was to be divided and didn't know about it? 

One brother claiming more from father's estate

Q: I have a question regarding hibah and wirasat.

We are 3 brothers and 1 sister, my father did all our marriages, but he spent a little more in our sister's marriage. Now my father is no more in this world, so one of my brother's is claiming that since the expenses for my sister's wedding was more, he is claiming for that much more share in the wirasat.

Kindly let me know the solution for this, does he have the right to claim more? If yes, then how much should he be given?

Note: Only 1 brother is claiming, the other 2 brothers are not claiming.

Distributing inheritance

Q: Kindly advise on below inheritance issue:

Marhoom left behind wife, 3 sons and 4 daughters. No will, nor any wasiyyat made (written). Marhoom left cash , car and clothes, and house behind.

1. How will estate be distributed?

2. As far as qadha rozas and salaahs are concerned, how should the estate sort this out?

3. As far as any burial expenses are concerned, how should this be taken from estate?

4. If any wasiyyat was made orally, will it have any effect? E.g. this car will go to my one son. Or this house will go to my wife. (But ownership was not handed over).

Giving blood money to one's sisters who were adopted

Q: My sisters were adopted by their grandmother and according to the law they are not my sisters, and they didn’t live with us, they lived with their grandmother all their life, my mother died in a car accident and the state gave us her “Diah” as she was killed by a state agent, now the question is, my both sisters use drugs should I give them from the Diah money as inheritance and I know they will use it fir drugs or not give them?!