Momin replied on Wednesday, May 27, 2009 08:35 AM
Hassan I have spoken to Dr Khalid Khan of (Islam Channel) this morning and he has advised me to ask you to see a local scholar with all the details as it's difficult for him to give advice over the phone. He has also advised that we should not use online software to workout inherittance as it's a very difficult matter.
He has confirmed that two Step children have no share in his (deceased) property.
Allah says:
Allah directs you as regards your children’s (inheritance): to the male, a portion equal to that of two females. If there are only daughters, two or more, their share is two-thirds of the estate; if there is only one daughter, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children. If the deceased left 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. This is after the payment of bequests and debts. You 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. [Sûrah al-Nisâ’: 11]
To all Muslim brothers,
`Abdullah bin `Umar (May Allah be pleased with them) reported: Messenger of Allah (PBUH) said, "It is the duty of a Muslim who has something which is to be given as a bequest not to have it for two nights without executing a written will.'' [Al-Bukhari and Muslim].
Commentary: The emphasis of Messenger of Allah (PBUH) on the necessity of making a last will shows that man has no knowledge of the time of his death. It is necessary for the rich that they should keep with them a testament so as to leave their affairs settled after their death and to ward off any untoward situation with regard to the distribution of their property among their inheritors.
A father who puts his property in his sons’ names to the detriment of his daughters has sinned by acting in defiance of what Allah has bequeathed to his daughters.
Each inheritor must receive exactly the share that he or she is granted in the sacred texts, no more and no less. These fathers should fear Allah. They should resolve themselves to Allah’s decision and not seek to bar their daughters from what is rightfully theirs. They should think about “a Day in which neither wealth, nor sons will be of aught, except for those who come to Allah with a pure heart.”
@ Raja Aqib: according to the Islamic Law through his will a muslim can only give 1/3 of his wealth to whoever he wants, all the rest is distributed according to the law of inheritance derived from the Qur'an. |
