Question: The case in point
is: A father during his life time gives a sum of money to all his daughters
and says to them that this is your inheritance. The daughters take the
money without saying anything to the father as they respect him. After
a few years, the father dies and all the money as far as the sisters know
is now with the one and only son, ie their brother. The father does not
leave any instructions regarding the distribution of his wealth. The sisters
know that the wealth of their father was much more than the amount given
to the sisters as inheritance during the father’s life. Now my questions
are:
1. If during the life, a father distributes
his wealth, does he have to distribute it in accordance with Shari‘ah,
or can he give the son much more than the daughters?
2. After his death, who is responsible
for the distribution of his wealth as per the Shari‘ah?
Answer: As a principle, a person in his
own lifetime has the right to give or gift his wealth in any proportion
to any or all of his children. In this regard, the Shari‘ah imposes
no obligation on him except that he should be fair and just with all his
children in this regard.
As far as his inheritance is concerned,
it solely relates to the wealth and property which he leaves behind after
his death. In this case, the Shari‘ah has fixed the shares of his
heirs. They must be given their share in the prescribed proportion. All
his heirs must sit together and distribute his wealth among themselves
according to this proportion. If any one of them does any injustice in
this distribution, he must know that according to the Qur’an (4:13-14)
he is doing a grave sin. The other heirs have the right to take this case
to the court if they think that they are being deprived of their right
by someone.
Consequently, whatever you received
from your father in his life was a gift from him. It cannot be regarded
as your share of inheritance. You still have a share in his wealth as his
legal heirs, which of course you have the right to demand.
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