عربي
13 ربيع الأول 1445  ,  28 September 2023

Announcement of the Passing ... Date Added: 28-08-2023

Birth of the Awaited ... Date Added: 28-08-2023

Gentleness with the ... Date Added: 23-08-2023

Negative Aspects Emanating ... Date Added: 22-08-2023

Halal Economy: Encyclopedia ... Date Added: 06-09-2023

A Message to all Muslims ... Date Added: 30-08-2023

Ramadan is the Month of ... Date Added: 30-08-2023

Guidelines for the ... Date Added: 29-08-2023

Fatawaa


Subject : The Trust was Stolen and its Owner Passed Away

Fatwa Number : 610

Date : 20-04-2010

Classified : Deposit

Fatwa Type : Search Fatawaa


Question :

I kept my mother`s gold in a safe place at my home. Unfortunately, it was stolen one week prior to her passing away. As for my wife`s gold, it was intact although it was in the same room where I kept my mother`s gold. The gold is worth (8000 JDs). Are the heirs entitled to receive their shares in this gold although it was stolen. It is worth stating that I have informed the security authorities and they have taken the full range of actions. What is the ruling of Sharia on this?



The Answer :

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

If the situation is as explained in the above question, then that gold is a trust kept with you, so you aren`t liable for compensation unless you acted negligently or committed misconduct. As evident from your question, you haven`t acted negligently as far as keeping that trust is concerned since you have kept it in a place which you thought was safe and in the same room where you kept your wife`s gold. Consequently, you don`t have to make compensation.

However, if the heirs asked you to pay the value of that gold then you have to swear by Allah that it was stolen without any negligence or misconduct on your part. However, if you refrained from taking that oath, then the heirs can swear by Allah that they didn`t know that the gold was stolen and, then, you have to make compensation.

Yet, if this gold was found, then it is part of your late mother`s estate and you must divide it amongst the eligible heirs according to Islamic law of inheritance and it is unlawful for you to keep it for yourself and not tell the other heirs about it. And Allah The Almighty Knows Best .






Comments

 

Name *

E. mail Address *

Country

Comment Title *

Comment *

Captcha
 
 

Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.