Wife’s share of inheritance
Question
(Fatwa: #044)
Assalamoo alykoom
Any fatwa in Islam regarding wife family’s heritages distribution after wife father’s left behind for his children.
In case were wife mentally seek and Husband is bit concerned over wife’s share brother and sister will not give her share knowing that she is mentally seek and she doesn’t know anything about heritage how much father left behind for all brother and sisters and she wants asked because she is not well.
In this case what in sharih/Islam her husband got any rights to asked on her behalf and get share what her father left behind for his children.
Because husband bit concerned his will not get anything from her father left wealth behind.
Jazakallah
Salam
ANSWER
Muhtaram
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
In the Name of Allaah, the Most Gracious, the Most Merciful
We acknowledge receipt of your query dated 29th May 2020 regarding inheritance. Herewith follows our response:
First and foremost, in Islam when a person passes away than the heirs automatically receive their shares even without their acceptance. The deceased and beneficiaries do not have any choice in this matter. [1]
Therefore, on the death of your Marhum father in law, your wife i.e. daughter of the deceased will automatically become the owner of her share. It is incumbent on the executor of the estate or the heirs that they distribute the estate of your father in law according to the laws set out by the Shariah as soon as possible.
Therefore, if your wife is unable to discuss this matter with her family members than you should explain to them that the estate should be distributed as soon as possible and everyone should be given their rightful share.
And Allah Ta’ala knows best
Muhammad Irshad Motara
19th Shawwal 1441
10th June 2020
Checked and Approved by:
(Mufti) Musayyab Sahib
[1] مفيد الوارثين : ص 32 و رد المحتار: ص 758-ج6-سعيد
فتاوى محمودية: ص 258 و 280-ج 20 -فاروقية -قديم
Disclaimer: Please note, we (Darul Ifta-AskFatwa) are not an Islamic Shari’ah Law Court; hence, the opinions provided are not intended to be a decree as one would expect to receive from a Shari’ah Court. The aim is to provide a better understanding of issues from an Islamic perspective. We also take no responsibility if our answers are used out of their intended context, nor of any party who may or may not act upon them. Therefore, we are hereby exempted from loss or damage howsoever caused. This answer may not be used in as evidence in any Court of Law without prior written consent of Darul Ifta-Auckland Islamic Trust . Answers are according to the Hanafi School of thought unless stated otherwise.
