Controlling the inheritance of a drug addict
Question:-
Kindly advise if there is any Mas’alah with regards to withholding the inheritance of a drug addict. Is there any Ayah, Hadith, or Fiqhi text with regards to the Mas’alah? If there is no room to take control of his finances, what is the Shari’ee advice in this regard?
Answer:-
He is a perfectly sane adult that is of understanding but squanders his wealth in purchasing drugs. According to Imaam Abu Hanifa Rahimahullah, it is not correct to withhold his personal funds, as in snatching away his funds from him and placing restrictions upon him, his potential and abilities will be destroyed. He won’t be able to trade or transact any longer (as he doesn’t have funds) and will become like an animal. Imaam Saheb states, yes, if a boy becomes Baaligh in a manner that he is dim-witted and unable to take control of his finances then his wealth may be withheld until he reaches the age of 25, but thereafter his funds should be handed over to him.
However, the two students of Imaam Saheb Rahimahullah state that the wealth of a dim-witted person may be withheld perpetually, until he is able to take charge and control of his finances.
وقال أبو حنيفة: لا يحجر على السفيه إذا كان بالغاً عاقلاً حراً، وتصرفه في ماله جائزٌ، وإن كان مبذراً مفسداً يتلف ماله فيما لا غرض له فيه ولا مصلحة، إلا أنه قال: إذا بلغ الغلام غير رشيد لم يسلم إليه ماله حتى يبلغ خمساً وعشرين سنةً. وقالا فيمن بلغ غير رشيدٍ: لا يدفع إليه ماله أبداً حتى يؤنس منه الرشد، ولا يجوز تصرفه فيه (اللباب في شرح الكتاب – كتاب الحجر)
Based on the view of the students of Imaam Saheb Rahimahullah, there would be some level of concession in restricting the drug addict by controlling his finances, otherwise there is a fear of him squandering and destroying all his wealth (like a dim-witted person).
His funds may be utilized to fulfil his personal needs, as well as his family’s needs for whom he is responsible (such as his wife, children etc.).
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 11 Shabaan 1443 / 14 March 2022