The World Federation One Stop Fiqh
Search
Menu

Ask an Alim

Inheritance issue with my brother

Q:

Salam alaikum. My father divided his assets between me and my brother during his life by gift. One property was left that he wanted to give to my brother and I had agreed on that with him. Unfortunately my father was not happy with my brother when he died as my brother had resorted to insulting behavior a couple of months before his death. Now my uncle wants me to split the remaining property between my brother and myself equally according to sharia and not give him the whole property as I had agreed with my father because my brother on account of his behavior does not deserve more than his sharia share only. Please advise if I should let my brother have the whole property as my father had wished during his life or listen to my uncle and take my sharia share and give it in charity as sadaqa jaria for my father instead of Using it myself. Thank you.

A:

Wa Alaykumussalam

Thank you for your query.

The inheritance should be divided according to the Shar’iah laws. If the father had gifted the item, land or money in his lifetime to his wife or children that will be excluded and all the remaining wealth and property has to be distributed according to the Islamic laws. And if there is no will, then all the wealth and property must be distributed according the inheritance laws.

If that property was already gifted to your brother in your father’s lifetime then it shouldn’t get divided but if your father hadn’t gifted, then in this case the property should be divided according to the inheritance laws.

According to Ayatullah al-Udhma Sayyid Ali Sistany:

Ruling 2752. If the only heirs of the deceased are his father or his mother and one or a number of sons, the estate is divided into six parts: one part is inherited by his father or mother and five parts are inherited by his son. And if there are a number of sons, then the five parts are divided equally among them.

Ruling 2753. If the only heirs of the deceased are his father or his mother and a number of his sons and daughters, the estate is divided into six parts: one part is inherited by his father or mother and the remainder is divided among his sons and daughters in a way that each son receives twice the share of each daughter.

If your case differs from the above mentioned rulings, then please visit the following link: https://www.sistani.org/english/book/48/2369/

May Allah(swt) grant you success

Wassalam,

Syed Haider