If My Father Is Not Giving Inheritance to His Sisters Will I Get the Sin?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

My father is giving his sisters only 1/3 of their 15 million share of inheritance, threatening to cut ties with me if they demand their full share. Despite my religious objections, he insists this is normal here. I am dependent on him, and he supports us with this money. Will I be held responsible for this unfair division?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question. I am sorry to hear about your situation in this way.

Your father should give the Quranic apportioned shares to his sisters, considering all the other possible heirs, too, if there are any. You will not get the sin of this unfair division.

Crisis of Depriving and Injustice Towards Female Heirs

In many parts of the world, Muslim women are being denied their rightful share of inheritance by male family members who follow their whims and beliefs. This deprives them of the rights that Allah has allocated to them. Unfortunately, many of these male family members refuse to acknowledge these rights, believing that the women’s rights will be fulfilled in their marital home or elsewhere. This is a serious issue that needs to be addressed so that Muslim women can obtain their rightful inheritance and be treated with fairness and respect.

Why the Differentiation

Women do not have to pay dowries or support their husbands or children, so they are given half of what a man receives. However, there are situations where men and women are equal in inheritance, and sometimes, a woman may inherit more than a man. It’s essential to recognize Allah’s justice in His rulings and not doubt His legislation.

Allah Apportioned Shares for Female Members

“Allah instructs you concerning your children: for the male, what is equal to the share of two females.” [Quran, 4:11], and it doesn’t say this for all heirs.

Allah Most High has specified all the apportions in the Quran, more than any other laws. ‘But if there are [only] daughters, two or more, for them is two-thirds of one’s estate. And if there is only one, for her is half.’ [Quran, 4: 11] If there is only one daughter, she gets half, and the remaining goes to male universal heirs.

Ibn Kathir (Allah have mercy on him) stated: “Allah differentiated between the two genders, giving the male the equivalent of the share of two females. This is because men are burdened with financial responsibilities, the costs of earning a living, and the hardships of trade and earning. Hence, it is appropriate that they are given double what females receive.” [Ibn Kathir, Tafsir Ibn Kathir]

This is how Allah, in His wisdom, has apportioned rights and responsibilities to all of us. He knows best what is in our interests. It does not mean they should be deprived based on our limited understanding.

Sit With a Reliable Local Scholar

However, this is a very sensitive and challenging situation for anyone, especially wrongdoing committed by a male member and for a remote third party to solve and find a solution. I can only say that you will need to find reliable local scholars whom your father would listen to.

Pray to Allah Most High for guidance and direction, and once again, continue to speak to your father with respect, love, and wisdom about the matter. You will not be sinful for your father spending on you.

I would like you to go through the valuable answers and links below. You will receive guidance and direction in sha Allah.

Related

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I pray this helps with your question.

[Mawlana] Ilyas Patel

Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.