Q: If a person was manipulated/threatened into giving their inheritance away, and it was signed off already but based on the above can the person have a claim to it still?
The estate has not been settled and is still in process.
A: Many of the Hanafi Fuqaha (jurists) have ruled that in the case where an heir forfeits his/her share of inheritance before receiving it, then this forfeiting will not be considered valid and the heir will still be entitled to receive his/her share.
Hence, based on this ruling of the Fuqaha, the heir is still entitled to receive his/her share, especially when he/she did not give it wilfully but gave it in the state where he/she was manipulated or threatened.
Below are some of the names of the Hanafi Fuqaha who have ruled that in the case where an heir forfeits his/her share of inheritance before receiving it, then this forfeiting will not be considered valid and the heir will still be entitled to receive his/her share:
(1) Allaamah Qaadhikhaan (rahimahullah) (d. 592)
(2) Allaamah Ibnu Qaadhi Samaawnah (rahimahullah) (d. 823)
(3) Allaamah Bazzaaz (rahimahullah) (d. 827)
(4) Allaamah Ibnus Shihnah (rahimahullah) (d. 882)
(5) Allaamah Alaaud Deen Shaami (rahimahullah) (d. 1306)
(6) Moulana Ashraf Ali Thaanwi (rahimahullah) (d. 1362)
(7) Mufti Azeezur Rahmaan (rahimahullah)
(8) Mufti Rasheed Ahmad Ludhyaanwi (rahimahullah) (d. 1422)
(9) Mufti Abdul Haqq (rahimahullah), the author of Fatawaa Haqqaniyah
And Allah Ta'ala (الله تعالى) knows best.
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