Salam,
Dear Mufti Sahib,
We want guidance with respect to Shariah in a matter that Ismael Karim passed away leaving behind 4 sons and 2 daughters from his first wife. He had two sons from second wife. First wife has died and second is alive. Due to sudden death and health issues late Ismael was unable to make will or distribute his wealth. So we want to inquire :
1) Who are his heirs? How his wealth would be distributed amongst his heirs?
2) Do his second wife and two sons have share in his property or not? If yes, then what will be the impact or ruling if children from first wife become reluctant or negligent in giving them their due share ?
3) If someone from children claims that before death, late Ismael gave his specified property to him. Would this be considered as acceptable or it would be also distributed amongst all?
From,
A. A. Mohammed
Limbe
بسم الله الرحمن الرحیم
الجواب- Fatwa
After the death of a person it is moral, social and religious responsibility of his heirs; 1) to arrange his funeral and burial. (2) Pay of his debts from his inheritance (3) Act upon his will for charitable work, if any, but only equal to 1/3 of total inheritance (4) Then distribute his remaining wealth as instructed by Shariah.
In the case mentioned , complying with Shariah principles all assets of Late Ismael would be divided into 112 shares and each heir would have following number of shares:
Widow - 14
Son (1) -14
Son (2) -14
Son (3) -14
Son (4) -14
Son (5) -14
Son (6) -14
Daughter (1) - 7
Daughter (2) - 7
In terms of percentage, widow will get 12.5% of total wealth and remaining 87.5% of wealth would be distributed amongst the children with ratio of 2:1 i.e sons getting double of daughters.
Right of widow has been specified in the Quran Surah Nisa, Verse 12:
فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ ۚ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ
And if you leave child, they (wife / wives) get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts.
2) Second wife and two sons will receive their shares as mentioned above. To deprive them for their share is impermissible, violation of laws mentioned in Quran & Hadees and would lead to displeasure of Allah.
In Surah Baqarah verse 188, it has been mentioned :
وَلَا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ
"And do not unjustly consume the property of each other,"
Prophet Muhammad Peace and blessings upon him has said:
فَإِنَّ النَّبِيَّ صلى الله عليه وسلم قَالَ " مَنْ ظَلَمَ قِيدَ شِبْرٍ مِنَ الأَرْضِ طُوِّقَهُ مِنْ سَبْعِ أَرَضِينَ
''Whoever usurps even one span of the land of somebody, his neck will be encircled with seven earths (on the day of resurrection)."
In another hadith:
عَنْ سَالِمٍ، عَنْ أَبِيهِ ـ رضى الله عنه ـ قَالَ قَالَ النَّبِيُّ صلى الله عليه وسلم " مَنْ أَخَذَ مِنَ الأَرْضِ شَيْئًا بِغَيْرِ حَقِّهِ خُسِفَ بِهِ يَوْمَ الْقِيَامَةِ إِلَى سَبْعِ أَرَضِينَ "
"Whoever takes a piece of the land of others unjustly, he will sink down the seven earths on the Day of Resurrection."
Therefore it is strictly forbidden and prohibited to consume share of another heir.
3) if someone from heirs claims that specific portion was given to him as Gift by his father, this claim would be considered valid if complete possession and ownership is transferred in the life. If it was not done then this claim would be INVALID. All assets would be distributed as per mentioned shares.
Allama Ibn e Abideen Shaami (1252 AH ) has said:
وَتَتِمُّ الْهِبَةُ بِالْقَبْضِ الْکَامِلِ.
ابن عابدین شامي، ردالمحتار، 8: 435، بیروت: دارلفکر
"Gift is completed by means of possession and complete custody"
Hence, it is advised to all heirs (1 widow, 6 sons and 2 daughters) of Late Ismael to abide by Shariah rulings instead of following their desires which may cause Allah's wrath in this world and Hereafter.
Mufti Abdul Rehman
Head Imam - LMJ
9 February 2019