What Happens If a Legal Heir Is Found after the Inheritance Is Distributed?

Answered By Shaykh Dr. Muhammad Fayez Awad

Question

What should be done if a legal heir (such as a child or a spouse) appears after some time following the division of inheritance?

Answer

Praise be to Allah, Lord of the worlds, and peace and blessings be upon His noble messenger, his Family, and all his Companions.

Rightful Inheritance and Redistribution

Every heir has a rightful share in the estate of the deceased, and the heirs must divide the inheritance according to the guidelines set by Allah (Most High) in His Book, following the proper assessment of the inherited assets and heirs according to Islamic law.

However, if an heir emerges who was previously unknown to the other heirs, or if they were known but considered missing and a judge had ruled them deceased, yet they later appear alive, then the missing heir must be given their rightful share of the inheritance, as this is their due right.

Verification and Redistribution

In the case where an heir appears who was unknown to the heirs at the time of the initial division, their status as an heir must be verified through the judiciary. Once it is confirmed that they are indeed an heir, the previous division of the estate is nullified, and the inheritance must be redistributed to account for the newly recognized heir. Anyone who received a portion of the estate that now rightfully belongs to the new heir must return it.

The new heir’s right to the inheritance does not expire due to the first division, as inheritance is a prescribed obligation from Allah, as mentioned in the verse:

“(This is) an obligation from Allah. Surely Allah is All-Knowing, All-Wise.” [Quran, 4:11]

And in another verse:

“For men there is a share in what their parents and close relatives leave, and for women there is a share in what their parents and close relatives leave—whether it is little or much. (These are) obligatory shares.” [Quran, 4:7]

Renouncing their Right

Their right is not forfeited unless they willingly forgo it and agree not to claim their share.

May Allah grant us success in fulfilling our rights and meeting Him without any injustice toward anyone.

All praise is due to Allah, the Lord of all worlds.

[Shaykh] Dr. Muhammad Fayez Awad

Shaykh Dr. Muhammad Fayez Awad, born in Damascus, Syria, in 1965, pursued his Islamic studies in the mosques and institutes of Damascus. A graduate of the Islamic University of Medina in 1985, he holds a Ph.D. in Islamic Studies from Bahauddin Zakariya University in Pakistan.

He has extensive experience developing curricula and enhancing the teaching of various academic courses, including conducting intensive courses. Shaykh Awad has taught Fiqh, Usul al-Fiqh, Quranic sciences, the history of legislation, inheritance laws, and more at several institutes and universities such as Al-Furqan Institute for Islamic Sciences and Majma‘ al-Fath al-Islami in Damascus.

He is a lecturer at the Sultan Muhammad al-Fatih Waqf University in Istanbul, teaching various Arabic and Islamic subjects, and teaches at numerous Islamic institutes in Istanbul. Shaykh Awad is a member of the Association of Syrian Scholars, a founding member of the Zayd bin Thabit Foundation, a member of the Syrian Scholars Association, and a member of the Academic Council at the Iman Center for Teaching the Sunna and Quran.

Among his teachers from whom he received Ijazat are his father, Shaykh Muhammad Muhiyiddin Awad, Shaykh Muhiyiddin al-Kurdi, Shaykh Muhammad Karim Rajih, Shaykh Usama al-Rifai, Shaykh Ayman Suwaid, Shaykh Ahmad al-Qalash, Shaykh Muhammad Awwama, and Shaykh Mamduh Junayd.