Is it Haram to Delay Inheritance in a Non-Islamic Country Because of Fear of Unfair Sharing Until Agreement On Halal Sharing Takes Place?
Answered by Mawlana Ilyas Patel
Question
I live in a Western country where the Islamic Law of inheritance is not followed. In that country, whatever is obtained during the marriage is shared 50-50 between husband and wife. This includes salary. Even if you earn your own salary, it is considered a common good. They call that “régime de la communauté réduite au acquet.” When the husband/wife dies, the husband/wife receives half of what was obtained during the marriage then he/she inherits the other half.
My father died, and there is an inheritance. The problem is that my mother has more money than my father, and because of that (and French Law), she must give money instead of receiving it. I have the intention to delay inheritance to protect my mother. She doesn’t know my intention.
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.
Yes, in this case, it would be permissible to delay the inheritance. So as long as you are going to take the responsibility to distribute the wealth according to the Quranic inheritance, all the other possible heirs agree to the arrangement, and by not putting yourself in trouble with the law of the country.
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]
I would advise you that despite this answer, you should consult a reliable, local scholar on the specifics of your situation, family details, and the rights each is owed.
[IbnʿAbidin , Radd al-Muhtar]
[ʿAla’uddin ‘Ibn ʿAbidin, Al-Hadiyya al-Ala’iyya]
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Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
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.
