How Can My Late Father’s Inheritance Be Distributed?
Answered by Mawlana Ilyas Patel
Question
I live in the UK. I have three siblings, two brothers and one sister in Pakistan, and my mother Alhamdulillah.
My younger brother (36) took over my father’s business with my mother’s permission, but he never shared any earnings from it either with my mother or siblings.
Now it’s been six years since my father passed away, and we siblings want the division of our father’s house according to Sacred Law.
The younger brother lives with his family. He also sold lots of house things like TVs, fridges, carpets, etc., without the consent of my mother on the basis that he lacked money. Because of his poor money conditions, my mother asks me to give him some shares after the division. Is that ok to support such a brother who is dishonest and suspected of being involved in drugs?
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.
Islamically, the deceased’s estate has to be divided as soon as possible after the deceased’s demise. Otherwise, problems arise, like in your case.
The deceased’s estate must be divided immediately upon his death, as every heir becomes an immediate owner of their share and has the right to their property. Delaying, therefore, is sinful, so due care must be taken.
[Maydani, Al-Lubab Fi Sharh al-Kitab]
Withholding Inheritance Share
Once the share is distributed, it has to be allocated to the heir. However, in the case of your brother, if it is possible to withhold it until he changes his ways, then it would be permissible. However, do this by consulting the local reliable scholar and support of your mother and siblings.
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.
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Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.
