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Fatwa Answer

Question ID: 1487 Category: Dealings and Transactions
Inheritance Matter

 The younger brother of a friend of mine with name Dawood bought a house in 1998. He had to get the home mortgaged and for that, the house had to be in name of both Dawood himself and his wife, Zulekha.Thus the house was titled in name of dawood and Zulekha, Not as joint tenants but as TENANTS BY ENTIRETY (To know what Tenants by entirety is,you may have to look up on Internet)

Dawood's wife Zulekha never worked. The only source of income in the family was whatever Dawood earned in his life. 

Now dawood's health is worsonning, therfore, Dawood's elder brother advised his nephews (Dawood's three sons) that if Their father does not recover and dies, the whole house being Dawood's heritance it needs to be distributed between their mother, Zulekha and three sons, as per Sharia regulations. But, the sons are of the opinion of that after the death of their father, the property should be put in "TRUST" and it should be distributed only after the death of their mother, Zulekha. 

In light of above background;

The Question precisely is: CAN THE DISTRIBUTION OF INHERTANCE BE WITHHELD OR POSTPONED, FOR AN INDEFINITE PERIOD OF TIME BETWEEN THE DEATH OF hUSBAND AND WIFE?

 

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

Delay in the distribution of inheritance is a matter of intense jeopardy. Therefore, considering  the observance of the Shari'ah rules, it is better to distribute inheritance as soon as possible without any hesitation. However, if all the heirs delay it by consensus, then there is scope for delay.

If the sons do not want to distribute it in their mother’s favor, the best way is to divide the inheritance first, so that the command of the  Shari’ah law may be fulfilled, and then each one should donate his share to his mother as desired.

Note: Death and life are in the hands of Allah, so one should also start worrying about one's own death.

کل یتصرف في ملکہ کیف شاء۔ (شرح المجلۃ لسلیم رستم باز، کتاب الشرکۃ / الباب الثالث في أحکام الأملاک ۱؍۶۵۴ رقم المادۃ: ۱۱۹۲)المالک ہو المتصرف في الأعیان المملوکۃ کیف شاء۔ (تفسیر البیضاوي ۷)

فقط واللہ سبحانہ اعلم  واتم