Responsibility of taking care of a woman

Q: A man was taking care of his sisters (due to both parents passing away years back). He has now passed away, amongst his descendants there are 6 kids and a wife, of which only 1 baligh son aged 17.

The sister has 4 paternal uncles (papa's) and 3 maternal uncles (mamajees) and a sister. She is not fully mentally okay and needs someone to oversee her daily living.

A: The principle of shari'ah is that if a woman is poor, then those who will share in her inheritance after her death are responsible to see to her needs in proportion to their shares of inheritance. Hence, in this situation, since her heirs will be her sister and nephews, it will be the responsibility of her sister and her baaligh nephew to take care of her. However, if they do not have the financial means, then the paternal uncles should also assist.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)