Is My Half-Sister Entitled to My Father’s Inherited Property?

Answered by Mawlana Ilyas Patel

Question

My father was adopted by his aunt and inherited her property instead of his biological father’s. From his first marriage, he had a daughter whose mother took khul‘ and custody, with my father’s name not appearing on her marriage documents.

My sibling and I are from his second marriage. Is my half-sister entitled to a share of the property my father inherited from his aunt?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question and for contacting us for an Islamic answer.

Your half-sister is your father’s lawful daughter, regardless of whether her mother took Khul‘ or omitted his name from her marriage documents. A  father’s responsibility and relationship with his children remain unchanged despite marital separations. [Sajawandi, al-Siraji fi al-Mirath]

Distribution

If your father passes away, all his legal heirs—including you, your full sibling, and your half-sister—are entitled to a share of his estate according to Quranic inheritance laws.

I would advise you that despite this answer, you should consult a reliable, local scholar on the specifics of your situation, sensitivity, and family details and sit down to discuss and distribute the inheritance accordingly.

Related: Inheritance Law Archives

Why not begin your search for knowledge by signing up for a course on SeekersGuidance? You can choose from the Islamic Studies Curriculum or the Youth Islamic Studies Curriculum and progress through each course step by step.

I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.