inheritence

[k1989]

Assalmu alaikum brothers and sisters

My parents are not muslim and have recently drawn up a legal will with their financial advisor. They want all of their wealth and property to be split equally between myself, brother and sister. I have tried to explain that as a muslim i should not receive equal to my brother etc but their mind is made up. My question is am i incurring any sin in letting them keep this will and if they were to pass away still wanting this, would it be acceptable for me to receive the money they want me to have or would i need to give some to my brother and other family members and how would I work this out?
I obviously hope my family accept islam before this happens but was just wondering.

 

[sultanb]

Assalmu alaikum brothers and sisters

My parents are not muslim and have recently drawn up a legal will with their financial advisor. They want all of their wealth and property to be split equally between myself, brother and sister. I have tried to explain that as a muslim i should not receive equal to my brother etc but their mind is made up. My question is am i incurring any sin in letting them keep this will and if they were to pass away still wanting this, would it be acceptable for me to receive the money they want me to have or would i need to give some to my brother and other family members and how would I work this out?
I obviously hope my family accept islam before this happens but was just wondering.

sister

"Allah commands 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 inheritance; if only one, her share is half. For parents, a sixth share of 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 he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise." 4.11

You are in a very convenient situation where your parents have 1 son and 2 daughters.

So, the easiest would be to accept their will, and then give it to your brother of what is rightfully his when the will is carried out.

The only thing that would be allowed for you to accept it is if your parents give you a portion of it now as a gift.

It does sound like it would be a sin to go beyond of what is already set in the ayat.

I don't have knowledge of inheritance, and for me trying to understand the ayat is difficult. So my best advice would be to speak to someone who is knowledgeable in Islamic finance, especially in inheritance.

 

[Seeking Allah's Mercy]

sister

"Allah commands 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 inheritance; if only one, her share is half. For parents, a sixth share of 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 he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise." 4.11

You are in a very convenient situation where your parents have 1 son and 2 daughters.

So, the easiest would be to accept their will, and then give it to your brother of what is rightfully his when the will is carried out.

The only thing that would be allowed for you to accept it is if your parents give you a portion of it now as a gift.

It does sound like it would be a sin to go beyond of what is already set in the ayat.

I don't have knowledge of inheritance, and for me trying to understand the ayat is difficult. So my best advice would be to speak to someone who is knowledgeable in Islamic finance, especially in inheritance.

Asalamo`Alaykum Wa Rahmatullahi Wa Barakaatuh,

Brother, you shouldn't be passing statements like the bold bit given your knowledge and sensitivity of matter of giving fatawas.

I agree with what the brother advised you in the end, k1989. You should talk to someone knowledgable. I recall Brother Iqtan ullah sharing a link to ask shaykh Assim L. Hakeem questions. If you could get that Inshaa`Allaah, it'll help.

 

[sultanb]

Asalamo`Alaykum Wa Rahmatullahi Wa Barakaatuh,

Brother, you shouldn't be passing statements like the bold bit given your knowledge and sensitivity of matter of giving fatawas.

I agree with what the brother advised you in the end, k1989. You should talk to someone knowledgable. I recall Brother Iqtan ullah sharing a link to ask shaykh Assim L. Hakeem questions. If you could get that Inshaa`Allaah, it'll help.

sister

Sorry, it was not my intention to give a fatwa. I admitted that I have no knowledge and could not understand the ayat. I am by no means a scholar also, so it would be impossible for me to issue a fatwa. Which is why I closed my advice suggesting to talk to someone.

My assumption on the statement is based on the closing of the ayat, "...are ordained by Allah. And Allah is Ever All-Knower, All-Wise." Therefore, if we go beyond what is ordained, then we are transgressing.

Thank you for reminding me, I seek refuge in Allah for my mistakes.

 

[Itqan Ullah]

Asslamaliekum warahmatullahi wabrakatu,
@sis k1989 Please ask Sheikh Assim al hakeem:
http://www.assimalhakeem.net/contact

@bro Sultanb
http://islamqa.com/en/ref/428

 

[sultanb]

Asslamaliekum warahmatullahi wabrakatu,
@sis k1989 Please ask Sheikh Assim al hakeem:
http://www.assimalhakeem.net/contact

@bro Sultanb
http://islamqa.com/en/ref/428

Ah yes, I totally forgot about the religious ties. Thank you brother.

*Edit 1*Which would mean that accepting a penny would transgress what Allah has ordained.

*Edit 2*
"However, if a non-believer makes a will leaving one-third or less of his wealth to his child (son or daughter), one is entitled to take it, because this is a will as opposed to inheritance according to a non-Islamic system. This difference is well-known in Islamic fiqh."

Wow. This gets really convoluted.

*Edit 3*
"They want all of their wealth and property to be split equally between myself, brother and sister."

Which would mean she is getting 1/3?

 

[Seeking Allah's Mercy]

Asslamaliekum warahmatullahi wabrakatu,
@sis k1989 Please ask Sheikh Assim al hakeem:
http://www.assimalhakeem.net/contact

@bro Sultanb
http://islamqa.com/en/ref/428

Asalamo`Alaykum Wa Rahmatullahi Wa Barakaatuh,

BaraakAllaahu feek for the link and the fatwa.

I'm wondering if the exception of accepting that which is in a will is only if 1/3rd is given. Or did the shaykh mentioned 1/3rd because of original questioners' receiving 1/3rd of the parents' wealth?

sister

Sorry, it was not my intention to give a fatwa. I admitted that I have no knowledge and could not understand the ayat. I am by no means a scholar also, so it would be impossible for me to issue a fatwa. Which is why I closed my advice suggesting to talk to someone.

My assumption on the statement is based on the closing of the ayat, "...are ordained by Allah. And Allah is Ever All-Knower, All-Wise." Therefore, if we go beyond what is ordained, then we are transgressing.

Thank you for reminding me, I seek refuge in Allah for my mistakes.

I'm sorry if I sounded harsh or an "imposer" akh, that wasn't my intention. I read through your posts and also noticed you having accepted yourself being a layman. However, statement such as the one you made could make a person think that's the answer when it indeed, is not.

May Allaah forgive our mistakes.

 

[sultanb]

Asalamo`Alaykum Wa Rahmatullahi Wa Barakaatuh,

I'm sorry if I sounded harsh or an "imposer" akh, that wasn't my intention. I read through your posts and also noticed you having accepted yourself being a layman. However, statement such as the one you made could make a person think that's the answer when it indeed, is not.

May Allaah forgive our mistakes.

:salam2: sister,

No offense taken. I sincerely appreciate the reminder, as it may be a sign from Allah as well.

 

[Itqan Ullah]

Waliekumasslam warahmatullahi wabrakatu,
I don't know. Its a bit ambigous.