According to Madhhab:
My other passed away in 2016. My brother pre-deceased her as he passed away in 1999. My mother received inheritance from her late father's estate to the value of +/- R502 048.44. This amount was equally distributed amongst the surviving 2 brothers, sister and the one deceased brother's family that passed away in 1999.
1. Is this distribution according to Shari'ah?
2. How should it be corrected?
3. Is the deceased's brother's family entitled to a share?
The laws of inheritance have been clearly stipulated and defined in the Quraan and Ahadith. It is therefore obligatory and necessary upon every Muslim to abide by these laws and meddling with these laws in any way whatsoever is impermissible.
The South African law of succession is totally in contradiction with the laws of Quraan and Hadith and is therefore incorrect to dissolve one’s estate in accordance to South African law. Hence, the Shari’ee law of succession must be applied. By adhering to the South African law of succession (which is dividing the entire estate by 4), the heirs will not be receiving their dues in full as stipulated in the Quraan and Ahaadith, but some of the heirs will be deprived of their full rights. This ultimately results in one being responsible in the Court of Allah Ta'aala on the Day of Qiyaamah.
In a Hadith of Mishkaat Sharif, Rasulullah Sallallahu Alaihi Wasallam is reported to have said, “One who deprives an inheritor from his inheritance, Allah Ta'aala will deprive such a person from his portion in Jannat.” [Ref:- Tariqa-e-Wasiyyat pg.130]
In a Hadith of Baihaqi, Rasulullah Sallallahu Alaihi Wasallam is reported to have said, “Listen! Do not oppress anyone. Beware! It is not Halaal to take the wealth of another person without his willingness/happiness.” [Ref:-Tariqa-e-Wasiyyat pg.130]
In another narration of Musnad-e-Ahmad it is mentioned that a person that had usurped the land of another will be commanded on the Day of Qiyaamah when he awakens from his grave to dig as deep as the seven earths from the land that he had usurped. The sand that is dug out will be converted into a necklace and placed around his neck. People will be busy giving account for their deeds whereas this person will be suffering. [Ref: Tariqa-e-Wasiyyat pg.136]
Therefore the correct Shar’ie manner of distributing the amount of R502 048.44 that was received will be as follows,
1. SURVIVING SON (1)
2. SURVIVING SON (2)
Due to the difficulty of rounding off, there is a difference of 0.02 (this can be given away as Sadaqah if they wish). The deceased brother’s family (wife and children) do not qualify for inheritance in the Marhooma’s estate, as the Marhoom son had predeceased his mother. Yes, had he passed on after the Marhooma’s demise then he would have also qualified as an heir in her estate just as the surviving two brothers have qualified as heirs. The deceased brother’s family should therefore return any funds received to the remaining heirs (listed on the table above) which should then be distributed according to the above mentioned percentages.
The sister will also be required to return any amounts received over and above her share of inheritance (and we have been informed that she has volunteered to do so on her own free will when realizing that the distribution was against Shari’ah), and this amount too will then be distributed equally between the 2 brothers.
AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Mufti Mohammed Desai
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B
Date: 27 Safar 1440 English Date: 06 November 2018