A man and his wife, son and daughter died in an accident; how should their estates be divided?

My sister and her husband, son and daughter died in an accident.
The wife and husband died at the same time.
Then the daughter died four days later, and the son died four days after his sister.
The wife had a mother, brothers and sisters through the father and mother, brothers and sisters through the father only, and brothers and sisters through the mother only.
The husband had brothers and sisters through the father and mother.
How should the estate be divided among them?.

Praise be to Allaah.

If a number of people die in an accident or in a collapsed building or fire, and they could inherit from one another because of marriage or blood ties, the one who dies later inherits from the one who dies earlier. If they die at the same time, they do not inherit from one another.

Shaykh Ibn ‘Abbaas (may Allah have mercy on him) said: If two or more people who could inherit from one another die in a collapsed building, by drowning, in a fire or plague and the like, then there are five scenarios, one of which is that if one of the two who could inherit from one another dies after the other, even if only by a moment, then the one who dies later inherits (from the one who dies first), according to scholarly consensus.

The second scenario is that if they die at the same instant, there is no inheritance, according to scholarly consensus.

End quote from al-Fawaa’id al-Jaliyyah fi’l-Mabaahith al-Fardiyyah.  Continue reading

Can he donate his share of the inheritance before it is divided for memorisation of the Qur’aan?

Can I donate my share of inheritance before the estate is divided, for example for memorisation of the Qur’aan?.

Praise be to Allaah.

The estate should be divided quickly, after paying off any debts the deceased had, if applicable, and his bequests should be carried out, so that each heir will be given his due and will be able to make use of it in whatever way he wants.

If there is any reason to delay sharing out the estate, and the estate has been evaluated and your share of the estate is known, such as if each heir will get a house, for example, and you want to donate your house to a charity that teaches memorisation of the Qur’aan, there is nothing wrong with that.  Continue reading

Islam cannot be divided into immutable matters and variables

Is it possible to divide Islam into immutable matters and variables?

Praise be to Allaah.

Praise be to Allaah, and blessings and peace be upon the Messenger of Allaah, his family and companions, and those who follow him.

Recently we have started to hear people saying that Islam can be divided into immutable matters and variables. But as far as we know these phrases were never used by any of the scholars, because the religion of Allaah is all immutable. The Messenger of Allaah SAWS (peace and blessings of Allaah be upon him) did not die until Allaah had completed the religion through him  and had established the rulings. So it cannot be altered or changed until Allaah inherits the earth and everyone on it. No one after the Prophet SAWS (peace and blessings of Allaah be upon him) has the authority to alter or change anything. Allaah says (interpretation of the meaning):

“This day, I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islam as your religion”

[al-Maa’idah 5:3] Continue reading

He died and left behind a wife, a mother, sons and daughters, and brothers and sisters. How should the estate be divided?

A man died and left behind three sons, three daughters, a wife, a mother (grandmother), two full brothers, two full sisters, a half-sister through the mother and two half-brothers through the mother.
The estate was not divided after he died, then his mother (the grandmother) died, then his wife died.
How should the estate be divided?.

Praise be to Allaah.

Firstly:

As there are children of the deceased, the brothers and sisters do not inherit anything, whether they were full siblings or siblings through the mother.

Ibn Qudaamah said: A brother or sister through the father and mother, or through the father, do not inherit if there is a son or a son’s son, no matter how far the line of descent goes, or if there is a father. Continue reading

The couple and their daughter died one after another in an accident; how should their estate and diyah be divided?

In a car accident an entire family died, consisting of three members, a father, a mother and a girl. They died in the following order: first the mother, then the father, then the daughter.  
The mother has a father, mother, brothers and sisters.  
The father has a mother and sisters and a brother. 
My question is: who should take the prescribed diyah (blood money), and how should the diyah and the rest of the estate and wealth be divided?.

Praise be to Allaah.

If the person at fault in this accident is someone other than these people, such as the driver of another car, and what is meant by the father and mother is the husband and wife, and they died in the order mentioned, then the one who died later inherits from the one who died earlier, and the diyah of each one who died is to be added to his estate and divided among his heirs.

Shaykh Ibn Baaz (may Allaah have mercy on him) said: If two or more people who would inherit from one another die in a building collapse, by drowning, in a fire or in a plague and the like, then there are five scenarios, one of which is where one of those who would inherit from one another dies after the others, even if it is only a moment later; the one who dies later inherits from the one who dies earlier, according to consensus. End quote from al-Fawaa’id al-Jaliyyah fi’l-Mabaahith al-Faradiyyah.  Continue reading

He divided his wealth before he died and he gave to some of his children and not others

My father divided all that he owned, which is the house in which we grew up and his possessions, between three of his children and not the others, i.e., two sisters, one brother and myself. 
My brothers are well off, but my brother and I are working abroad for a salary and my sisters are married. When this division was done and they took possession, we were abroad.  Despite that, we have not done anything to anger our parents. The evidence is that they pray for us and say that they forgive us. Is it permissible for my father to give to one child and not the other in such a matter? What do you advise us to say to our parents? We have heard that this action is against sharee’ah.

Praise be to Allaah.

Firstly:

What your father has done is to give to some of his children and not to others, and it cannot be regarded sharing out his wealth  among his heirs when he is still alive, because he has not given to all his heirs, rather he has singled out some of his children.

Singling out some of one’s children for gifts for no reason is haraam.

The Prophet (peace and blessings of Allaah be upon him) refused to bear witness to such as gift, and he called it injustice. That is according to the report narrated by al-Bukhaari (2586) and Muslim (1623) from al-Nu’maan ibn Basheer (may Allaah be pleased with him), who said that his father brought him to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said: “I have given a slave to this son of mine.” He said: “Have you given a similar gift to all your children?” He said: “No.” He said: “Then take it back.”  Continue reading

Writing a will to state that the estate should be divided according to sharee’ah

I live in a country where Islamic law does not work. Some muslims unfortunately resort to the Kuffaar law courts to settle issues including that of inheritence.
In the light of this, is it possible to make a will recognized by the state and state in my will that in event of my death my estate must be distributed in accordance with the shar’ia?

Praise be to Allaah.

We put this question to Shaykh ‘Abd-Allaah ibn Jibreen, may Allaah preserve him, who answered as follows:

If it will not be divided according to the Islamic way, then he has to do that. Continue reading

How should the Udhiya (sacrificial meat) be divided between what is to be eaten and what is to be given in charity?

How the meat of Udhiyah (sacrifice) should be shared out ?

Praise be to Allaah.

The command to give the meat of the sacrifice in charity is reported in a number of ahaadeeth, as was the permission to eat some and preserve some.

Al-Bukhaari and Muslim reported that ‘Aa’ishah (may Allaah be pleased with her) said: “Some poor families among the people of the desert came to al-Madeenah on the occasion of ‘Eid al-Adhaa at the time of the Messenger of Allaah (peace and blessings of Allaah be upon him). The Messenger of Allaah (peace and blessings of Allaah be upon him) said, ‘Keep with you meat sufficient for three days, and whatever is left, give in charity.’ After that, they said, ‘O Messenger of Allaah, the people made water-skins with [the hides of] their sacrificial animals, and they rendered the fat from them. The Messenger of Allaah (peace and blessings of Allaah be upon him) said, ‘What about it?’ They said, ‘You forbade us to eat the meat of our sacrificial animals after three days.’ He said, ‘I forbade you to do that because of the people who came, but now eat some and preserve some and give some in charity.’” (Reported by Muslim, 3643).

Al-Nawawi said, commenting on this hadeeth: “ The phrase ‘I forbade you to do that because of the people who came’ refers to the poor Bedouin who came to Madeenah, and this was so that they could be helped. ‘Rendered’ means that they melted down the fat from the animals (to be stored and used). Continue reading

How the people will be divided on the Day of Resurrection

How the people will be divided on the Day of Resurrection
“And you (all) will be in three groups.
So those on the Right Hand (i.e. those who will be given their Records in their right hands) how (fortunate) will be those on the Right Hand! (As a respect for them, because they will enter Paradise).
And those on the Left Hand (i.e. those who will be given their Record in their left hands) how (unfortunate) will be those on the Left Hand! (As a disgrace for them, because they will enter Hell).”
[al-Waaqi’ah 56:7-9 – interpretation of the meaning]

Praise be to Allaah.

Ibn Katheer said: i.e., the people will be divided into three groups on the Day of Resurrection.

Al-Tabari said: thus they will be divided into the three groups mentioned at the end of the soorah at the time when they are dying.

Then Allaah explained the state of the (three) groups. He said “those on the Right Hand” to point out how great is their status and how respected they are.

“And those on the Left Hand (i.e. those who will be given their Record in their left hands) how (unfortunate) will be those on the Left Hand”; their being on the left indicates how terrible their situation will be.

“And those foremost [(in Islamic Faith of Monotheism and in performing righteous deeds) in the life of this world on the very first call for to embrace Islam] will be foremost (in Paradise)” [al-Waaq’iah 56:10 – interpretation of the meaning]

This means that those who were foremost in doing good deeds in this world will be foremost in the Hereafter and will be the first to enter Paradise. Those who are of this caliber are the ones who will be closest to Allaah in gardens of delight, in the heights of ‘Illiyeen, in a lofty status above which there are no higher status. We ask Allaah to make us among those who are foremost. And Allaah knows best.

See Tafseer Ibn Sa’di, p. 832 Continue reading