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Manipulation of Islamic Law of Inheritance

 

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ssalam Alikum,

I have following questions and I request you to answer it as per the Quran and the Hadith.

1. A father had two son's one hard working and other not so, this eldest brother works hard earns for the family helps in education of the younger brother and finally settles downs marries and builds a house. the younger one enjoys the luxury of older brother's help, doesn't cares much about life but finally settles down but he is comparatively poor for obvious reasons. Now the father says to the eldest to give up his share of property so that the little one could have a house for himself. NOW, they both have a house each. equal status!ones acquired by hard work and others by destiny. Is it justified?

2. They were two sisters. one was elder beautiful and rich and married, the other was ugly unmarried orphan and poor. But mother distributed the property as per shariah, the ugly sister cared for her mom till death and she got married to a wonderful man and had beautiful kids and became richer than her elder sister! Is the mother's following shariah justified no matter what the destiny was?

3. A man was in need of money, so, he sells his old house in less than the market price. The buyer renovates the house and he works hard to discover the hidden treasure! Who is entitled to have the treasure and why?

4. A father buys two plots A, one for his daughter gives as a gift in her marriage. The other A plot is intended for a younger son, which he buys on his wife's name as the boy was minor. After, many years the wife dies. Will the shariah apply or should he go as what he initially intended at the time of purchase. He is in a dilemma! Financially the boy is well off and he is getting as per shariah in other properties. Secondly, the father bought a B plot for his son on his name and the price of both the plots have sored high. Should the sister fore go the share in plot A which was initially meant for her younger brother. She cannot ask a share in plot B as it was purchased in brother's name already. Both, the siblings are willing to follow the shariah. What is justified?

jazakallah

A Sister

December 2011

Wa alaikum us salam wa Rahmatullah

Are these cases real? If yes, please provide me more details to give the answer about the case background. General comments are appended in your mail:

Q1. A father had two son's one hard working and other not so, this eldest brother works hard earns for the family helps in education of the younger brother and finally settles downs marries and builds a house. the younger one enjoys the luxury of older brother's help, doesn't cares much about life but finally settles down but he is comparatively poor for obvious reasons. Now the father says to the eldest to give up his share of property so that the little one could have a house for himself. NOW, They both have a house each. equal status!ones acquired by hard work and others by destiny. Is it justified?

MN: It is not justified to give more to one son. However, the father can only request his rich son. It is upon him to accept / reject the request. If he does so, it will be a great favor for his brother and the later must be thankful to him.

Q2. They were two sisters. one was elder beautiful and rich and married. the other was ugly unmarried orphan and poor. but mother distributed the property as per shariah. the ugly sister cared for her mom till death and she got married to a wonderful man and had beautiful kids and became richer than her elder sister!Is the mother's following shariah justified no matter what the destiny was?

MN: Sometimes, Allah bless people who follow His Shari’ah. All the blessings / hardships in this world are test for us.

Q3. A man was in need of money, so, he sells his old house in less than the market price. The buyer renovates the house and he works hard to discover the hidden treasure! Who is entitled to have the treasure and why?

MN: I have no idea about any Hadith mentioning this. Generally, the current owner who discovered the treasure is entitled. If the right is given to the previous owner, large number of previous owners may claim.

Q4. A father buys two plots A, one for his daughter gives as a gift in her marriage. The other A plot is intended for a younger son, which he buys on his wife's name as the boy was minor. After, many years the wife dies. will the shariah apply or should he go as what he initially intended at the time of purchase. he is in a dilemma! Financially the boy is well off and he is getting as per shariah in other properties. Secondly, the father bought a B plot for his son on his name and the price of both the plots have sored high. Should the sister forego the share in plot A which was initially meant for her younger brother. She cannot ask a share in plot B as it was purchased in brother's name allready. Both, the siblings are willing to follow the shariah. What is justified?

MN: In this case, if it is well known and agreed upon that the father gifted the plot to the son, he can take it. If it was only an intention, it does not become an implemented decision. The father remained alive for a long period. If his intention was to give it to the child, he should have gifted it to him. If there is dispute, then the legal owner of the plot is mother. It is upon her discretion to decide whether she gives it to the son or shares it between both of them? Is the mother alive?

Assalam Alikum brother,

Yes, these cases are real. I have seen that people in many Muslim families do not divide inheritance as per Shari’ah and force some of their children to give up their share. What are your views about it?

Jazakallah

Wa alaikum us salam wa Rahmatullah Sister

By all means, adhering to Shari'ah is extremely important. Allah has declared His commandments about the "Law of Inheritance" as His limits and warned those who violate them. Obedience of elders is not required at all if it is against Shari'ah. However, we should refuse to follow them in a humble and decent manner. There is no need to feel guilty about it.  It is very hard to convince people of this age to change their opinion. However, we can educate our younger generation that they should follow the Shari'ah.

مصنف کی دیگر تحریریں

تقابلی مطالعہ پروگرام /Quranic Arabic Program / Quranic Studies Program / علوم القرآن پروگرام / قرآنی عربی پروگرام  /  سفرنامہ ترکی  /    مسلم دنیا اور ذہنی، فکری اور نفسیاتی غلامی  /  اسلام میں جسمانی و ذہنی غلامی کے انسداد کی تاریخ   /  تعمیر شخصیت پروگرام  /  قرآن  اور بائبل  کے دیس میں  /  علوم الحدیث: ایک تعارف   /  کتاب الرسالہ: امام شافعی کی اصول فقہ پر پہلی کتاب کا اردو ترجمہ و تلخیص  /  اسلام اور دور حاضر کی تبدیلیاں   /  ایڈورٹائزنگ کا اخلاقی پہلو سے جائزہ    /  الحاد جدید کے مغربی اور مسلم معاشروں پر اثرات   /  اسلام اور نسلی و قومی امتیاز   /  اپنی شخصیت اور کردار کی تعمیر کیسے کی جائے؟  /  مایوسی کا علاج کیوں کر ممکن ہے؟  /  دور جدید میں دعوت دین کا طریق کار   /  اسلام کا خطرہ: محض ایک وہم یا حقیقت    /  Quranic Concept of Human Life Cycle  /  Empirical Evidence of Man’s Accountability

 

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