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بِسمِ
اللهِ
الرَّحْمَنِ
الرَّحِيمِ Allah, in the name of, the Most
Affectionate, the Eternally Merciful |
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Your
Questions & Comments Don't suppress questions!
Questions are good for your intellectual health!!! |
آپ کے
سوالات و تاثرات سوالات
کو دبائیے نہیں!
سوالات
ذہنی صحت کی
ضمانت ہیں!!! |
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اردو
اور عربی تحریروں کو بہتر
دیکھنے کے
لئے نسخ اور
نستعلیق
فانٹ یہاں سے
ڈاؤن لوڈ کیجیے
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A Complication in a
Simple Case of Inheritance Don't hesitate to
share your questions and comments. They will be highly appreciated. I'll
reply ASAP if I know the answer. Send at mubashirnazir100@gmail.com . |
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Question: Assalamu o alaikum Thanks for the information for Islamic net. Sheik I have one question regarding properties, My father expired last year. I am his elder son and would like to share
properties as per Islamic Sharia. My father had two wives, after one death married to sister of first wife.
We all five children from first wife one son and one daughter. From
second wife, he had one son and two daughter. Can you explain me in detail how to distribute my fathers
properties? Zazakallaha, A brother, April 2010 |
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Dear Brother Wa alaikum us salaam wa Rahmatullah e wa Barakatuhu It is a pleasure to know that you want to share the
inheritance according to Islamic Shariah. May Allah
bless you for that! In order to respond to you properly, I need the answers
of these questions: 1. Are your grandparents (i.e. Dada & Dadi) alive? 2. Is your second mother alive? After receiving your response, I'll reply your question.
Also provide your detailed introduction. wassalaam Mubashir |
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Dear Sheik Assalamu o Aalikium we Rahmatullah e wa Barakatuhu ZAZAKALLLAHA, for your quick response, I am 47 years old,from
Kundapur taluk, from
Karnataka state, past 25 years working
in My family –wife and have three children. Both grand father and grand mother expired, Yes second mother is there, Hope this information is enough, in case need any more
query please let me know. I have one more question: On fathers land I build a house with 80% expenses from
my pocket and 20% from my father, its around 18
years now, and my brothers not expended any money on house. How to take this
into account while distributing the property. Wassalaam |
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Dear
Brother Assalam o alaikum wa Rahmatullah I'm your
brother. No need to call me "Sheik". Allah, the Almighty has
explained the law of Inheritance in the Quran (Surat-un-Nisaa).
You can study yourself. The relevant verses are: يُوصِيكُمْ
اللَّهُ فِي
أَوْلادِكُمْ
لِلذَّكَرِ
مِثْلُ
حَظِّ
الأُنثَيَيْنِ
فَإِنْ
كُنَّ
نِسَاءً
فَوْقَ
اثْنَتَيْنِ
فَلَهُنَّ
ثُلُثَا مَا
تَرَكَ
وَإِنْ
كَانَتْ وَاحِدَةً
فَلَهَا
النِّصْفُ
وَلأَبَوَيْهِ
لِكُلِّ
وَاحِدٍ
مِنْهُمَا
السُّدُسُ مِمَّا
تَرَكَ إِنْ
كَانَ لَهُ
وَلَدٌ
فَإِنْ لَمْ
يَكُنْ لَهُ
وَلَدٌ
وَوَرِثَهُ
أَبَوَاهُ
فَلأُمِّهِ
الثُّلُثُ
فَإِنْ
كَانَ لَهُ
إِخْوَةٌ
فَلأُمِّهِ
السُّدُسُ
مِنْ بَعْدِ
وَصِيَّةٍ يُوصِي
بِهَا أَوْ
دَيْنٍ
آبَاؤُكُمْ
وَأَبْنَاؤُكُمْ
لا
تَدْرُونَ
أَيُّهُمْ
أَقْرَبُ
لَكُمْ
نَفْعاً
فَرِيضَةً
مِنْ
اللَّهِ
إِنَّ
اللَّهَ كَانَ
عَلِيماً
حَكِيماً (11) وَلَكُمْ
نِصْفُ مَا
تَرَكَ
أَزْوَاجُكُمْ
إِنْ لَمْ
يَكُنْ
لَهُنَّ
وَلَدٌ
فَإِنْ كَانَ
لَهُنَّ
وَلَدٌ
فَلَكُمْ
الرُّبُعُ مِمَّا
تَرَكْنَ
مِنْ بَعْدِ
وَصِيَّةٍ
يُوصِينَ
بِهَا أَوْ
دَيْنٍ وَلَهُنَّ
الرُّبُعُ
مِمَّا
تَرَكْتُمْ
إِنْ لَمْ
يَكُنْ
لَكُمْ
وَلَدٌ
فَإِنْ
كَانَ لَكُمْ
وَلَدٌ
فَلَهُنَّ
الثُّمُنُ
مِمَّا
تَرَكْتُمْ
مِنْ بَعْدِ
وَصِيَّةٍ
تُوصُونَ
بِهَا أَوْ
دَيْنٍ
وَإِنْ
كَانَ
رَجُلٌ يُورَثُ
كَلالَةً
أَوْ
امْرَأَةٌ
وَلَهُ أَخٌ
أَوْ أُخْتٌ
فَلِكُلِّ
وَاحِدٍ
مِنْهُمَا
السُّدُسُ فَإِنْ
كَانُوا
أَكْثَرَ
مِنْ ذَلِكَ
فَهُمْ
شُرَكَاءُ
فِي
الثُّلُثِ
مِنْ بَعْدِ
وَصِيَّةٍ
يُوصَى
بِهَا أَوْ
دَيْنٍ
غَيْرَ مُضَارٍّ
وَصِيَّةً
مِنْ
اللَّهِ
وَاللَّهُ
عَلِيمٌ
حَلِيمٌ (12) تِلْكَ
حُدُودُ
اللَّهِ
وَمَنْ يُطِعْ
اللَّهَ
وَرَسُولَهُ
يُدْخِلْهُ
جَنَّاتٍ
تَجْرِي
مِنْ
تَحْتِهَا
الأَنْهَارُ
خَالِدِينَ
فِيهَا
وَذَلِكَ
الْفَوْزُ الْعَظِيمُ
(13) وَمَنْ
يَعْصِ
اللَّهَ
وَرَسُولَهُ
وَيَتَعَدَّ
حُدُودَهُ
يُدْخِلْهُ
نَاراً خَالِداً
فِيهَا
وَلَهُ
عَذَابٌ
مُهِينٌ (14) In regard
to inheritance Allah commands you concerning your children: that: ·
The share of a boy shall be twice that of a girl. ·
In the case where there are more than two girls, their
share will be two thirds of the estate; but if there is only one girl, her
share will be one half of the estate. ·
If the deceased left children behind, each of the
parents (of the deceased) shall get one sixth of the estate, but if the
deceased left no children and the parents are the only heirs, the mother
shall get one third of the estate (and the father will get two third of the
estate). ·
But if the deceased left brothers and sisters, then the
mother will get one sixth of it. ·
The distribution in all cases shall be after fulfilling
the terms of the last will and the payment of debts. ·
With regards to your parents and your children, you do
not know who is more beneficial to you, therefore,
Allah issued this ordinance. Surely Allah is the Knowledgeable, Wise.[11] ·
You shall inherit one half of your wives' estate if
they leave no child, but if they leave behind a child then you will get one
fourth of their estate, after fulfilling the terms of their last will and the
payment of debts. ·
Your wives shall inherit one fourth if you leave no
child behind you; but if you leave a child, then they shall get one-eighth of
your estate; after fulfilling the terms of your last will and the payment of
debts. ·
If a man or a woman leaves neither ascendant nor
descendants but has left a brother or a sister, they shall each inherit one
sixth, but if they are more than two, they shall share one third of the
estate; after fulfilling the terms of the last will and the payment of debts,
without prejudice to the rights of the heirs. Thus is
the commandment of Allah. Allah is Knowledgeable, Forbearing.[12] These are
the limits set by Allah: those who obey Allah and His Messenger will be
admitted to paradise, in which rivers flow, to live therein forever, and that
is the Great Achievement.[13] But the
ones who disobey Allah and His Messenger and transgress His limits will be
cast to Hellfire to live therein forever, and they shall have a humiliating
punishment.[14] (Al-Nisa 4:11-14) According
to above mentioned law, the distribution of the wealth of your father will be
as follows: 1. If your father had any loan or he has asked to pay a gift
to someone (Wassiyat), it will be paid first. 2. From remaining wealth, 1/8 will be the share of your alive mother. There is no share for the expired mother
because she is not alive at the time of death of your father. 3. Remaining wealth will be distributed among all the children
of your father. As you've mentioned that you are total five: two brothers and
three sisters. Each sister will get 1/7 of the remaining amount and each
brother will get 2/7 of the remaining amount. You'll multiply
these fractions with the total amount of inheritance. For example, if after
deducting any loan or bequest, the total amount of your father's property is Rs. 1,000,000/-, the share of each of you will be: Share of
Mother: 1,000,000 x 1/8 = Rs. 125,000 (Remaining
amount Rs. 875,000) Share of
Each Brother: 875,000 x 2/7 = Rs. 250,000 Share of
Each Sister: 875,000 x 1/7 = Rs. 125,000 The
matter of property is complex. What I can suggest you is
to estimate the market value of the property (both land + building) separate
for each component. Appoint an independent property consultant with mutual
consent of all the inheritors. Ask the valuer to
determine the value of entire property as a whole and for the land as
separate. Value of
Building = Total Value - Value of Land For
example, the total value of property is Rs.
5,000,000. The valuer tells you that the value of
land alone is Rs. 3,000,000. This value of land
will be divided among all the inheritors according to the shares mentioned
above. This is because the land belonged to your father. So the
remaining portion Rs. 2,000,000 will be related to
the building. 80% of the building i.e. Rs.
1,600,000/- will be yours because you invested in it. Remaining 20% of the
building Rs. 400,000/- will be divided among the
inheritors according to the shares mentioned above because it belonged to
your father. In this
way, you and your other family members can share in the increase in property
value over 18 years. You'll receive the appreciation on your part and they'll
receive the increment on their part. An
alternate to this option is that you consider the amount invested on the
property as a loan to your father. Take that amount from the inheritance
before distributing the shares. You can also adjust the amount of inflation.
After paying you the loan back, remaining amount can be distributed among the
other inheritors. I hope
this detail will help. Please feel free to ask any question if it comes to
your mind. A few other points came to my mind. I hope you'd be aware of this.
So consider it just a reminder: 1. It is a common practice in our societies to pressurize the
women to gift their share in inheritance to their brothers, sons or husbands.
In Islam, it is a great sin. Each inheritor whether man or woman has full right
to take her share and spend it according to her own will in a lawful manner.
She should not be pressurized to withdraw. 2. You and your step bothers/sisters will receive equal shares
because your relation to your father is the same. There is no difference in
division of inheritance in both. 3. We should be God-fearing while distributing the wealth.
Quran requires us to take care of our poor relatives as well at the time of
distribution. There is no limit/amount for that. You can give any amount with
your mutual consent. So if you've some poor relative, also take care of
him/her with your mutual consent. wassalaam Mubashir |
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Dear
Brother Walikumssalam we rahmatullah e wa barakatuhu Alhamdulillah noted all points it will help me in great to go
through easily,zazakaalha, Its very
good advice to appoint an independent consultant to judge the value of land
and property, Brother I
have two more doubts, mothers share which mention is it only for alive mother
or have to divide into two wives—please clarify, Second the
existing house to whom should it go,? One
more—one of my sister, she is not interested to take fathers property
share, (as she is well settled),
and his husband also requesting to do the same ,as per my sisters wish, In this
case what shall I can do? Insha’ Allah will take care our poor relative, this
already in my mind. Insha’Allah it can help my
father also the day of judgment, thanks for the kind advice, Wassalam |
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Dear
Brother Assalam o alaikum wa Rahmatullah 1. Mother's share will belong to the live mother. People died
before the death of your father will have no share. 2. I think by existing home you mean the same about we
discussed already. One method is to sell this house and share the money
accordingly. Other method is that one of the inheritor buys the others' share
in it and pays them in cash. You can use any method with your convenience. 3. About the sister, tell her that it is God's commandment to
distribute the shares. If she does not want to take it, she can give her
share to any person. But she should receive her share and then give to
others. One thing
I want to ask from you. I publish the Questions / Answers on my website. Your
question may resolve problems to others but it contains your personal
information. Should I publish it with your name or without mentioning any
name? Wassalaam Mubashir |
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Dear
Brother, Alhamdulillah, now every thing is cleared, Zazakallaha These
question were in my mind since long, now I got the answers, Insha’Allah whenever I may require your help will keep in touch
with you. There is
no objection to publish, but please without my name, Remember
me in your prayers, Wassalaam. Your
brother |
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مصنف
کی دیگر تحریریں قرآنی
عربی
پروگرام / سفرنامہ
ترکی
/ مسلم
دنیا اور ذہنی،
فکری اور نفسیاتی
غلامی
/ اسلام
میں جسمانی و
ذہنی غلامی
کے انسداد کی
تاریخ / تعمیر
شخصیت
پروگرام /
قرآن اور
بائبل
کے دیس میں / علوم
الحدیث: ایک
تعارف / کتاب
الرسالہ:
امام شافعی کی
اصول فقہ پر
پہلی کتاب کا
اردو ترجمہ و
تلخیص
/ اسلام
اور دور حاضر
کی تبدیلیاں / ایڈورٹائزنگ
کا اخلاقی
پہلو سے
جائزہ / الحاد
جدید کے مغربی
اور مسلم
معاشروں پر
اثرات / اسلام
اور نسلی و
قومی امتیاز / اپنی
شخصیت اور
کردار کی تعمیر
کیسے کی
جائے؟
/ مایوسی
کا علاج کیوں
کر ممکن ہے؟ / دور جدید
میں دعوت دین
کا طریق کار / اسلام
کا خطرہ: محض ایک
وہم یا حقیقت / Quranic Concept of Human Life Cycle
/ Empirical
Evidence of God’s Accountability
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