Darulifta Ahlesunnat
(Dawateislami)
Question
What do the Scholars of Islam and the Muftis of the Shari’ah
say regarding the following questions:
1. In our community, brothers refuse
to give their sisters their rightful share of inheritance, even when they are
explicitly requested to do so. How should we perceive their actions?
2. Can a woman sell her inherited
share, such as land, from her deceased parents in order to perform Umrah? Some
individuals claim that she is prohibited from doing so. Please provide Shariah
guidance on this matter.
بِسْمِ اللہِ
الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ
الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
1. Regardless of whether the sisters
explicitly request it or not, it is essential to ensure they receive their
rightful share of their parents' inheritance. Conversely, for brothers to
unjustly deprive their sisters of their rightful share according to Shariah,
keeping all the wealth for themselves, is strictly forbidden, Haraam, and a grave sin. The Holy Qur'an and blessed Hadith
contain strong admonitions regarding this matter. According to the blessed
sayings of the Holy Prophet صَلَّى اللهُ عَلَيْهِ وَاٰلِهٖ
وَسَلَّم, whoever deprives an heir of
his inheritance, he will be deprived of the inheritance of Paradise on the Day
of Resurrection. The one unjustly taking someone’s as much piece of land as a
hand-span will be made to wear the collar of seven earths around his neck on
the Day of Judgement and he will be sunk up to seven earths.
Therefore, those who do not give their sisters’ share, should fear the
wrath of Allah Almighty and give them their share. If they do not give their
share today, then they will have to give it tomorrow on the Day of Judgment and
it is not easy to give at that time.
The blessed Shariah has fixed the
share of daughters along with sons in inheritance. Therefore, Allah Almighty
says:
یُوۡصِیۡکُمُ اللہُ فِیۡۤ اَوۡلَادِکُمۡ ٭ لِلذَّکَرِ
مِثۡلُ حَظِّ الۡاُنۡثَیَیۡنِ ۚ
Translation from Kanz-ul-Iman: Allah commands you
concerning your children (regarding their share of inheritance); the share of
the son is equal to the share of two daughters;
After describing the rules of inheritance,
Allah Almighty says:
تِلۡکَ حُدُوۡدُ اللہِ ؕ وَ مَنۡ
یُّطِعِ اللہَ وَ رَسُوۡلَہٗ یُدۡخِلۡہُ جَنّٰتٍ
تَجۡرِیۡ مِنۡ تَحۡتِہَا الۡاَنۡہٰرُ
خٰلِدِیۡنَ فِیۡہَا ؕ وَ ذٰلِکَ الۡفَوۡزُ الۡعَظِیۡمُ ﴿۱۳﴾ وَ مَنۡ یَّعۡصِ
اللہَ وَ رَسُوۡلَہٗ وَ یَتَعَدَّ
حُدُوۡدَہٗ یُدۡخِلۡہُ نَارًا خَالِدًا فِیۡہَا
۪ وَ لَہٗ عَذَابٌ مُّہِیۡنٌ ﴿٪۱۴﴾
Translation from Kanz-ul-Iman: These are the
limits of Allah, and whosoever obeys Allah and His Messenger; Allah will take
him into the Gardens beneath which rivers flow; (they) will abide therein
forever; only this is the great success. And whoever disobeys Allah and His
Messenger and transgresses all His limits (by becoming a disbeliever); Allah
will put him in the Fire, in which he will remain forever, and for him is a
disgraceful punishment.
Not giving share to daughters or sisters is
the rule of pre-Islamic era of ignorance. Therefore, Allah Almighty says:
وَ تَاۡکُلُوۡنَ التُّرَاثَ اَکۡلًا لَّمًّا ﴿ۙ۱۹﴾ وَّ
تُحِبُّوۡنَ الۡمَالَ حُبًّا جَمًّا ﴿ؕ۲۰﴾
Translation from Kanz-ul-Iman: And you greedily consume
the wealth of inheritance. And you exceedingly love wealth.
According to the interpretation mentioned in
the commentary Sirat Al-Jinan, it states: "Here, the third corruption and
humiliation of the disbelievers is mentioned, that you embezzle the wealth of
inheritance, and you do not differentiate between Halal (lawful) and Haraam (forbidden), and you do not give women and children
their rightful share of inheritance; rather, you devour their shares
yourselves. This was the practice in ignorance (pre-Islamic era). This
statement highlights numerous forms of injustice, and in contemporary times, it
includes those paternal uncles etc., who wrongfully seize the wealth of
orphaned nieces and nephews or do not give the inheritance share to sisters, daughters,
or granddaughters, which is an extreme form of Haraam
(forbidden) action."
Regarding not giving an inheritance
to an heir, the Holy Prophet صَلَّى اللهُ عَلَيْهِ وَاٰلِهٖ
وَسَلَّم said:
)من فر من ميراث وارثه، قطع
اللہ ميراثه من الجنة يوم القيامة(
“Whoever runs away from giving
an inheritance to an heir, Allah Almighty will cut off his inheritance from
Paradise on the Day of Resurrection”.
Regarding unjustly usurping
someone's land, The Blessed and Last Prophet صَلَّى اللهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم has stated:
(من ظلم قید شبر طوقہ من سبع ارضین)
"Whoever wrongfully seizes
even a hand span of land, he will be made to wear a collar to the extent of
seven earths."
The Blessed and Last Prophet صَلَّى اللهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم further said:
(من اخذ شیٔاًمن الارض بغیر حقہ،خسف
بہ یوم القیٰمۃ الی سبع ارضین)
"Whoever unlawfully takes even a small length of land from someone, he
will be made to sink into the ground on the Day of Resurrection, up to the
seventh layer of the Earth."
After mentioning such Ahadith,
‘Ala Hadrat رَحْمَةُ
اللهِ عَلَيْه provides further guidance, saying: "There are abundant Ahadith in this regard... Fear the wrath of Allah, the
All-Powerful and All-Dominating. Imagine, for a moment, having a clod of earth weighing
twenty-five or twenty-seven kilograms tied around your neck and wearing it for
a short while. At that moment, one should contemplate whether it is easier to
free oneself from such intense oppression or to dig through the seven layers of
the Earth until the Day of Resurrection, when the accountability for the entire
world is completed, while still having collar tied around one's neck weighing
millions and millions of tons and being sunk into the seventh layer of the
Earth. والعیاذباللہ تعالی Seek refuge in Allah, and
Allah's protection."
Regarding not giving a share of
inheritance to sisters, ‘Ala Hadrat رَحْمَةُ اللهِ عَلَيْه has stated: "Denying girls their rightful share is a definitive Haram
(forbidden) act and goes against the explicit teachings of the Holy
Quran."
2.
A woman who inherits a share from her parents can undoubtedly sell it
and even perform Umrah, just like men she is the rightful owner of her share,
and like any individual, she can make permissible transactions within her property.
Buying, selling, and performing Umrah are all permissible actions. Therefore,
she can certainly sell her inheritance share and use the proceeds for Umrah. It
is incorrect for some people to claim that "a woman cannot perform Umrah
by selling her inheritance." They should seek knowledge so that they can
differentiate between what is correct and incorrect.
A person is the owner of their wealth and
has the right to use it as they desire. The Blessed and Last Prophet صَلَّى اللهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم has stated:
کل احد احق بمالہ من والدہ وولدہ والناس اجمعین
"Every individual has
more right to their wealth than their parents, children, and all other
people."
It is mentioned in Fatawa
Shami:
الملک ما من شانہ ان یتصرف فیہ بوصف الاختصاص
کما فی التلویح
It is mentioned in Majallah Al-Ahkam-al-Adliyya:
کل یتصرف فی ملکہ کیف ما شاء
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ
اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ
وَاٰلِہٖ وَسَلَّم
Answered By: Mufti Muhammad
Qasim Attari
Ref No: PIN-6932
Date: 21st Sh’aban Al-Muazzam, 1443 A.H.
(March 25, 2022)