Inheritance

Child born out of wedlock

Q: A girl was born out of wedlock. After she was born her mother accepted Islam. She is not sure if nikaah of her parents was thereafter performed or not. After a few years the parents divorced. The girl was brought up by her father from the age of 6 until marriage.

1. Is her father a mahram to her?

2. Are her uncles (fathers brothers) mahram to her?

3. Does she need to adorn the hijaab and purda from her father and uncles?

4. Will she inherit from them?

5. If she does not inherit what is the procedure of wasiyyat?

6. Is her brother who is also born out of wedlock from her same parents haqeeqi or akhyaafi?

Asking for one's haq without creating a fight

Q: Mufti it's been many years my dad has been asking his elder brothers for his haq from my grandfather. Since 1956 he has been trying. My dad is late now seven years but like a year before he passed away he asked me to pursue this long overdue matter. Mum is alive still and 86 years old. Not too well. Am I doing the right thing to be asking for my dads haq or is it wrong for me to ask for our haq. Please help me because many have told me it's the right thing to do and many have said for me to let the people who are still eating of our haq carry on because they will pay for it in the year after. What is the verdict on this matter. Please help me.

Inheritance

Q: My sister died in 2004 and she had £365000 in her account cash and interest accumulated to £40000 making a grand total of £405,000.00. This had been divided amongst 17 members of family without paying Zakaat since 2004. She died in 2006 what is your opinion?

Giving donations from the estate

Q: A lady has just been told that her deceased husband had told some people who were collecting donations for a school in India that he would give them five hundred British pounds as lillah, but he passed away very suddenly, without paying out the money. Now those people are asking the deceased man's family to pay them. Does the man's family have to give that money? Will they be committing a sin if they don't? Will the deceased man suffer in the after life if the lillah is not paid? Please bear in mind that all debts of the man has been paid from the money which he left, but is the fact that he said he will give lillah, but died before he was able to, be considered as a debt?

Inheritance question

Q: I got confused by a Christian missionary about the so-called mathematical mistakes in inheritance explained in Quran. Since I am not an aalim, I need your help to clarify this confusion. I have firm faith that there is no such mistake in the Quran; it's my fault not to have complete knowledge about it. One example he gave is stated below:

Wife 1/8 = 3/24

Daughters 2/3 = 16/24

Father 1/6 = 4/24

Mother 1/6 = 4/24

Total = 27/24

Please help me out in this matter.

Inheritance

Q: After paying all dues from marhooms property. If the Balance left is one thousand dollars. Survivors are widow (she is remarried). Three daughters and 2 sons. How to distribute the amount among them? Please advise.

Inheritance

Q: My father passed away last year and left a verbal will of how his estate shall be distributed amongst his children. The family are all aware of this as it was said to all of them. We are now in an unislamic court over the matter since one of them is just being plain greedy. Please advise.

Pension received after the demise of the deceased

Q: Does a lump sum of a pension payable to the children of a deceased form part of the estate? I have tried finding answers and keep getting conflicting answers. The reasoning for not forming part of estate is that it is not owned by the deceased as it is given to the beneficiaries upon the death of deceased. While the deceased lives he/she receives the pension on a monthly basis. The deceased himself cannot collect the lump sum as it is only payable to the beneficiaries. When looking on the web for answers most Islamic scholars state it as not being part of estate. Even in South African law Section 37c of pension fund states it as not being part of estate. I am confused and need guidance.

Pension amount acquired after the demise of the deceased

Q: My father recently passed away (may Allah Ta'ala be pleased with him and grant him janah, insha Allah) and I have been appointed as the executor of his estate. He is to recieve a lump sum payment from pension fund for 2 years pension which is payable to me and my twin sister. We are adopted so he has made wasiyah for 1/3 for the two of us of his estate. There is funds still to come from investments. He was very sick so he gifted his household goods to us before he died. As far as his pension goes it is a small amount, does it form part of estate to be divided. He has 5 brothers and 3 sisters which I have to divide the remainding 2/3 of estate. Shukraan.