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Fatawaa


Subject : Everything a Deceased Person Leaves Behind is to be Divided between his/her Heirs

Fatwa Number : 345

Date : 06-10-2009

Classified : "Wills and Obligations"in Inheritance

Fatwa Type : Search Fatawaa


Question :

I used to live with my parents (may Allah have mercy on them) and my father used to provide for my mother and me. Now they are dead, I`m living in the family`s house alone. Are all the items in the house, such as furniture, food and the like, the right of all the heirs (my brothers) although they are married and have their own houses?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

When a Muslim passes away, all his/her estate: money, real estate, furniture, food or drink is to be divided between his/her heirs according to the rules of inheritance set out by Islamic Law. It isn`t permissible for any of the heirs to seize the deceased's estate and deprive other heirs from their right regardless of any excuse and this view is based on scholarly consensus.

However, it is the duty of the brothers to take care of their sister and provide for her. They shouldn`t struggle over their late father`s estate neglecting the needs of their only sister since doing so negates dutifulness to their late parents and the bonds of kinship. And Allah the Almighty knows best.




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