Answered by Shaykh Yūsuf Badāt
Question:
The issue is that a property was bought in partnership for $85000. My brother paid cash $20000, and my uncle $20000. The balance was paid by my father mortgaging his house, which was in my mother’s name.
The mortgage was paid out, and the house was further mortgaged to build extra shops on the property, with neither my brother or uncle contributing a cent.
The loan was paid out years later. My uncle’s name and his wife, my brother’s name and his wife and my mom’s name were registered as owners of the property. I was a minor when the property was purchased.
My dad passed on. Then my brother and uncle split the property, because my brother’s children had left the country, so they shared the shops 50/50, but they did not give any shop(s) to my mom. They removed her name without her knowledge. What is the islamic ruling on a case like this?
Answer:
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allāh, Most Gracious, Most Merciful.
Jazāk Allāh Khayr/ Thank you for contacting Mathabah.
In the described scenario, islamicaly, your mother was deprived of her share in the inheritance from the property of your father. Your uncle, brother and mother should sit down together and clarify what exactly happened and come up with a settlement as per Islamic law.
As a general rule, when your father passed away, your mother and all your siblings, including yourself, are entitled to inheritance.
“If anyone deprives an heir of their inheritance, Allāh will deprive them of their inheritance in Paradise on the Day of Resurrection.” – (Mishkāt Al-Maṣābīḥ 3078)[1]
“[For inheritance] Allāh instructs you concerning your children: for the male, what is equal to the share of two females.” – (Qur’an 4:11)[2]
Only Allāh knows best.
[1] عَنْ أَنَسٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ قَطَعَ مِيرَاثَ وَارِثِهِ قَطَعَ اللَّهُ مِيرَاثَهُ مِنَ الْجَنَّةِ يَوْمَ الْقِيَامَةِ – مشكوة المصابيخ ٣٠٧٨
[2] النساء ١١ –يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ
