Distribution of Assets in Estate

QUESTION:

With regards to the distribution of assets in an estate, how do the heirs resolve a situation where one heir is in disagreement with the proposed decision?

ANSWER:

It is imperative to understand that the laws of inheritance are stipulated in the Quraan Majeed and the Mubarak Ahaadith. As such it is obvious that there is no room for any interference whatsoever in these laws. Wealth has a great amount of temptation and often spurs people to even violate the laws of the Shariah in order to obtain it. Allah Ta’ala concludes the verses pertaining to inheritance with the following clear warning:

تِلْكَ حُدُودُ اللَّهِ وَمَنْ يَعْصِ اللَّهَ وَرَسُوْلَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيْهَا

وَلَهُ عَذَابٌ مُّهِينُ (النساء آ:12&13)

“Those are the boundaries of Allah Ta’ala and he who disobeys Allah Ta’ala and His Rasul and transgresses His boundaries, He will enter him into the fire, forever he will dwell therein, and for him is a disgraceful punishment.” 

In another verse of the Quraan Majeed, Allah Ta’ala says:

وَمَا كَانَ لِمُؤْمِنٍ وَ لَا مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَ رَسُوْلُةٌ أَمْرًا أَنْ يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ فَقَدْ ضَلَّ ضَلَلًا مُّبِينًا (الاحزاب آ:36)

“It does not behove a believing man or woman that when Allah Ta’ala and His Rasul decree a matter that they should have any choice in that matter. And he who disobeys Allah Ta’ala and His Rasul has deviated a clear deviation.” 

In conclusion, after studying the above Aayaat, one understands the importance of fulfilling the commands of Shariah and not interfering with any of the laws of Deen. Therefore, the estate must be distributed in accordance to the Islamic laws of succession, irrespective of the heir agreeing with the distribution or not.

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Mufti Abdul Kader Fazlani

Date: 06 Dhul Qa’dah 1446 / 05 May 2025

CHECKED AND APPROVED BY:

Mufti Yacoob Vally Saheb