What If An Heir Disposes Of Inheritance Without Consent of Others?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
What is the ruling when an heir disposes of the inheritance without the consent of the others, resulting in financial loss and deprivation of rightful shares, especially for the daughters?
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 demise. Otherwise, problems arise, like in your case. The father’s bequest (wasiyya) to share the inheritance after the children’s marriage can only be followed if all the heirs agree, which is not the 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]
Crisis of Depriving Others of Inheritance, Especially Injustice Towards Female Heirs
In many parts of the world, inheritance is not appropriately distributed among the heirs, and many individuals, especially women, are denied their rightful share by male family members who act according to their whims and beliefs. This situation deprives them of the rights that Allah has allocated to them. Unfortunately, many family members refuse to acknowledge these rights, believing that the women’s needs will be fulfilled in their marital homes or elsewhere. This is a serious issue that needs to be addressed so that Muslim women can secure their rightful inheritance and be treated with fairness and respect.
Why the Differentiation
Women do not have to pay dowries or support their husbands or children, so they are given half of what a man receives. However, there are situations where men and women are equal in inheritance; sometimes, a woman may inherit more than a man. It’s essential to recognize Allah’s justice in His rulings and not doubt His legislation.
Allah Apportioned Shares for Female Members
“Allah instructs you concerning your children: for the male, what is equal to the share of two females.” [Quran, 4:11] doesn’t say this for all heirs.
Allah Most High has specified all the shares in the Quran, more than any other laws.
“But if there are (only) daughters, two or more, for them is two-thirds of one’s estate. And if there is only one, for her is half.” [Quran, 4: 11]
If there is only one daughter, she gets half, and the remaining goes to male universal heirs.
Ibn Kathir (Allah have mercy on him) stated:
“Allah differentiated between the two genders, giving the male the equivalent of the share of two females. This is because men are burdened with financial responsibilities, the costs of earning a living, and the hardships of trade and earning. Hence, it is appropriate that they are given double what females receive.” [Ibn Kathir, Tafsir Ibn Kathir]
This is how Allah, in His wisdom, has apportioned rights and responsibilities to all of us. He knows best what is in our interests. It does not mean they should be deprived based on our limited understanding.
Sit With a Reliable Local Scholar
However, this is a very sensitive and challenging situation for anyone, especially when a male member commits wrongdoing, and for a remote third party to solve and find a solution. I can only say that you will need to find reliable local scholars whom everyone can listen to.
Pray to Allah Most High for guidance and direction, and once again, continue to speak with all with respect, love, and wisdom about the matter.
I would like you to read through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.
Related
- Why Does a Female Inherit Less Than a Male? – SeekersGuidance
- Inheritance Questions Following Father’s Death – SeekersGuidance
- How to Divide Inheritance After a Parent’s Death? – SeekersGuidance
- How Does One Perform the Prayer of Need (Salat al-Haja)? – SeekersGuidance
- How Do We Deal With the Death of a Loved One? – SeekersGuidance
Why not begin your search for knowledge by signing up for a course on SeekersGuidance?
I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel has received a 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.
