Questions: I would like to
know the following:
1) My widowed mother has a property
earned out of her own efforts. This property was not acquired from my father's
wealth. It was purchased after the death of my father by my mother out
of her own efforts and savings. My sister and I are the legal heirs to
this property. My sister is married and lives with her husband and children
happily. I have my family and children. Now my mother wants to sell off
this property and distribute shares according to Islamic Shari`ah
to both of us. I want to know whether she can distribute the wealth in
her lifetime? If yes, then to what share am I entitled and to what is my
sister?
2) My wife has a property from her
father’s side. She has two brothers and two sisters. How much are they
entitled to?
Answers: 1) The question of
inheritance arises only and only after the death of a person whose wealth
is to be distributed among his heirs. In his own lifetime, he cannot distribute
his inheritance. However, he can gift it to his children in any proportion
he wants. Consequently, your mother can gift you and your sister her wealth
in any ratio in her own lifetime. In this regard, Islam’s teaching is that
she should adhere to justice and fairness
2) Brothers and sisters only get a
share if the departed person has no children. In the presence of children
they have no legal share. Of course, your wife can make a will in their
favour if she wants to give them some money.
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