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Who is responsible for inheritance.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

if father does not gives hissa in his property 2 the daughter who is responsible 4 it elder brother or all in the family.

 

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Answer:

 

Who is responsible for inheritance

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-14:

11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.


12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13 Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme Achievement.

14 But those who disobey Allah and His Messenger and transgress His limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment.

 

Your Question: ..if father does not gives hissa in his property 2 the daughter who is responsible 4 it elder brother or all in the family.

During his lifetime, it is the responsibility of the father to do justice amongst all his off-springs, and spend equally amongst them; regardless of whether they are male or female.

 

Sahih Al-Bukhari Hadith 3.818 Narrated by An Numan bin Bashir

My mother asked my father to present me a gift from his property; and he gave it to me after some hesitation. My mother said that she would not be satisfied unless the Prophet (saws) was made a witness to it. I being a young boy, my father held me by the hand and took me to the Prophet (saws). He said to the Prophet (saws) "His mother, bint Rawaha, requested me to give this boy a gift." The Prophet (saws) said, "Do you have other children besides him?" He said, "Yes." The Prophet (saws) said, "Do not make me a witness for injustice."

 

If the father during his lifetime intentionally spends more, or gives more to one amongst his off-spring than another, it would be akin to injustice in the Sight of Allah Subhanah.

 

After the death of the father, it is the responsibility of the heirs that they fear Allah Subhanah and take and accept only what is their rightfully prescribed share of the inheritance. If anybody intentionally mis-appropriates the prescribed shares of the inheritance, they will be held severely accountable for their transgression in the Court of Allah Subhanah on that Inevitable Day of Judgment.

 

Thus it is not one person who is responsible, but everyone holds equal responsibility; and if one amongst the heirs feels that their share of inheritance has been compromised, they are well within their rights to approach a Shariah Court and seek their appropriate share of inheritance.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 


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