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Can Son Ask For Heriatge ?

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Aslam a alikum , will some one answer my questions

 

what are the Islamic laws for heritage ?

 

we have big land,plots ,house worth millions and for my better

future i only want to take ( a small portion of land because i want

to take loan from my friend against this land for 8 years and to do my

own business with money)

 

so in this case my demand for this small piece of land from my father

and spend it in business is right or not

 

can son or daughter claim his/her heritage and at what age

 

at what age parents should transfer heritage to children

 

keep in mind i dont have any claims for our million of worth land etc

i will agree what my parents decide and how they distribute it

i want everything to be Islamic

right now i just need to get some money by using a small piece of land

and do my own business for my better life and future

 

can any one tell me my claim is Islamic and right and answer above questions

 

thanks

 

Allahhafiz

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PropellerAds

:D / Peace to all,

 

Insya'Allaah i have posted below some quotes and links here that would shed some light on this issue. They might not be direct answers to your question, but, i still hope they are helpful for you. Please click on the link for full article...

 

Yes, that is permissible subject to conditions, unless he intends thereby to harm some of his heirs, such as withholding from some or giving them less than they are entitled to in order to harm them.

 

Allaah Himself has stated how the inheritance is to be shared, and He has issued a warning against ignoring this division. He says (interpretation of the meaning):

 

“These are the limits (set by) Allaah (or ordainments as regards laws of inheritance), and whosoever obeys Allaah and His Messenger (Muhammad) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success.

 

But it is better not to do that. Rather he should keep his wealth with him, then when he dies it should be distributed among the heirs who are present at the time of death, according to the manner outlined in sharee’ah. No one knows who is going to die first so that he might share his wealth among his heirs. He may live for a long time and need this money.

 

 

(www.)"you can't post links until you reach 50 posts_63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=71297&dgn=4"]Is it permissible for a man to divide his wealth among his heirs when he is still alive?.[/url]

 

What your father has done is to give to some of his children and not to others, and it cannot be regarded sharing out his wealth among his heirs when he is still alive, because he has not given to all his heirs, rather he has singled out some of his children.

 

Singling out some of one’s children for gifts for no reason is haraam.

 

 

Al-Bukhaari (2587) narrated that ‘Aamir said: I heard al-Nu’maan ibn Basheer (may Allaah be pleased with him) on the minbar saying: “My father gave me a gift and ‘Amrah bint Rawaahah (his mother) said: ‘I will not be happy until you ask the Messenger of Allaah (peace and blessings of Allaah be upon him) to bear witness.’ So he went to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said: ‘I have given a gift to my son from ‘Amrah bint Rawaahah, and she told me to ask you to bear witness, O Messenger of Allaah.’ He said: ‘Have you given a similar gift to all your children?’ He said: ‘No.’ He said: ‘Fear Allaah and treat your children fairly.’ So he came back and took back his gift.â€

 

If the ones who were not given anything agree to that willingly, then there is no sin on the father for singling out some of his children, because the right belonged to their siblings, and it is waived if they agree. But it is better for him not to do that even if they agree.

 

Shaykh Ibn Baaz (may Allaah have mercy on him) said:

 

The father must treat his children fairly, both males and females, according to the guidelines on inheritance. It is not permissible for him to single out some of them for something and not the others, unless that is with the approval of those who are not given anything, if they are of sound mind, and they are not agreeing out of fear of their father, rather they are agreeing willingly, without any threat from their father or fear on the part of the child. But not differentiating between them is better in all cases and is more conducive to harmony, because the Prophet (peace and blessings of Allaah be upon him) said: “Fear Allaah and treat your children fairly.†Saheeh – agreed upon.

 

End quote from Fataawa al-Shaykh Ibn Baaz (20/51).

 

(www.)"you can't post links until you reach 50 posts_63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=72793&dgn=4"] He divided his wealth before he died and he gave to some of his children and not others [/url]

 

Allaahu 'alaam

 

Sis Zabrina

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Assalam Alaikum

 

Jazaak Allah KHair Sister Zabrina for the Read.. its is helpful indeed.

 

May Allah (SWT) reward you for sharing this :D

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As-salam-alaikum,

 

I don't know if I'm right or wrong?

 

I think leaving property or money for children spoils them, they don't have the courage to stand firm on their feet by themselves.

and this also creates problem between relations, they end up fighting and even murders.

Every child should be capable of making their own fortune from scratch. This is my belief and not just depend on their parents' wealth or to wait for them to die.

 

Jazakallah Khair.

ma-salama.

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