Question:-
My brother in law is a drug addict. His wife passed on and his sons live with his in-laws. He has no contact with them, nor does he pay maintainence for them. His father passed away and he inherited a home from him, wherein he resides. His brother gives him a monthly allowance from his portion of inheritance, otherwise he becomes aggressive. With this money he most probably maintains his bad habits. His sisters provide food for him on every alternate day. Is his siblings interaction with him in order. Can we forcefully get him into rehab? What is my Shari’ee responsibility towards him as the elder of the family?
Answer:-
We understand that your brother-in-law lives in the home that he inherited from his father, and his brother gives him a monthly allowance from his share of inheritance that is in his brother’s possession. His sisters provide food for him on alternate days which is in order.
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 and controlling his finances, otherwise there is a fear of him squandering and destroying all his wealth (like a dim-witted person).
His brother does give him a monthly allowance to fulfil his needs which is quite in order (as his funds are spent on him). He may also utilise his funds to maintain his children that may be minor for whom he is responsible, although they may not be residing with him. However, if he uses part of the funds to purchase drugs, then the sin is upon him and not upon his family members. Although they cannot force him to get himself admitted into a rehab, they can definitely encourage him to do so.
Also, they should take him along for Salaah, for Islaahi gatherings, Jamaat etc. (when sober) but under the supervision of some family member, as it is unknown when a person will be blessed with the Taufeeq and ability to change and reform his life. We should keep trying and at the same time, make plenty of Dua to Allah Ta’ala.
His children should maintain a relationship with him as he is their father. He has a right over them which they ought to fulfil. A person should be kind to one’s parents even if they are Kuffar. Herein we are discussing a Muslim that is involved in a bad habit. The habit is considered bad but not the person, hence, the children should make an effort to reconcile with their father and serve him.
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 28 Jumad-al-Ukhra 1443 / 31 January 2022
