Q&A (Fatwa)

#366: Ruling on a Sister`s Inheritance

 

“As-Salaamu Alaykum. Pls I want u to enlighten me on inheritance. I lost my sister some month ago nd his husband said I shld come nd pack her load Like cloth,shoe,kitchen equipment. I av went to pack her belongings. She has 2 little kids which dey wl later stay with me Inshall Allah My question is dat is it right in sunnah Pls I want a quick respond If it is nt right for me wat shld I do to d load Thanks”

ANSWER

Alhamdulillāh!

Firstly, we ask Allāh ta’ala to have mercy on your sister and to grant her a home that is better than her home in Firdaws, aameen

Secondly, with regard to inheritance and the properties left behind by the dead, Allāh – ta’ala – has divinely divided at least 2/3 of it and it is not permissible to appropriate it in another way unless the bona FIDE inheritors give them out as either sadaqah or gift.

The first class inheritors of the dead are the spouse, the children and the parents of the dead. Second class inheritors extends to grand parents, siblings, grand children, etc.

In that light, it is not right in the least for your sister’s husband to, by his own, decide that you take over all of that without waiting to appropriate it as it is in Islam.

What we advise that you do is to refer the matter to the Muslim Scholars in your vicinity or respected family members that can handle the inheritance in accordance with the shari’ah.

May Allāh grant us and you tawfiq and sadaad. Āmīn.

Bārakallāhu Fīkum
Jazākumullāhu Khayran.

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