Inheritance-does my brother deserve it??
Asalam Alakum,
Can some one please advise me regarding parents inheritance including property wills, money wills ets according to Islamic hadiths.
My situation is as follows:-
we have a 3 bedroom house- this is on my parents name- but my father has written a will where it will automatically go to my mum and vise versa, but then eventually shared 50 % between me and my only brother
-1 bedroom maisonette- this is also on my parents name but they plan to write the will of the full property on my name
- Cash savings- my father has written a will, where I will get 75% and my brother will get 25%.
Now I am deeply concerned that my father has written a will on the main house to be shared 50 50 between me and my brother and that he will get 25% of the cash savings because of the following reasons:-
-He has had a very bad past, where he was a drug addict (I am not entirely sure if he still is).
My brother is very disrespectful to my parents in different ways, this includes in the following ways:-
- He attacks my father from time to time- this includes arguing with him
- Kicking him physically, may be pushing as well
- He has physically hit my dad in the past many times
- He has even attacked and abused, sworn at my mother many times.
- He has stolen money from my parents and from my self in the past
- He has taken money from us including myself by telling lies and deceit
- He regularly behaves very selfishly by expecting my father to give him a lift where ever and when ever he needs, this even includes to a shop that is about a 5-7 minutes walk.
- He gets tobacco from my mum and dad as he smokes tobacco inside the house.
- Doesn't take responsibility for hardly anything this includes, not doing the house shopping, and keeping his room dirty with tobacco mess and smell.
- I have helped him in countless ways this includes lending him money so many times, giving him lifts as and when he demands, dropping him to work (when ever he did work) dropping and collecting him from college(when he used to study).
Please note the following information about him:-
- He is going to be 38 years old
- He is still living with my parents in their 3 bed room house-My mum is in her 60's and my father is going to be 70.
- He is single and unemployed
- He has had a drug addiction, and is currently taking a medication called methadone? I believe, but to be honest I am not entirely sure of he is yet clean from drugs as it is very hard to trust or believe some one is when they have had a ring addiction
- He doesn't pray, or fast as he doesn't take religion seriously.
About myself, well I am not an angel, and am not a perfect human being either. But what I can tell you all is that I have been close to the best son ones parent's can ever have. As per the following examples:-
- I keep the house clean and tidy and assist my parents in the house work.
- I pray 5 times a day, keep fasts during Ramadhan
- I contribute to the household expenses including paying the utility bills, house shopping on a weekly basis sometimes
- When my father used to work I used to drop lunch off to him almost every weekend.
- I have always respected my parents and shown care to them at all times by obeying them.
Based on this story , would you say my parents have an obligation according to Islam to will some value of their properties(s) to him as well as some cash savings as already mentioned knowing farewell he is untrustworthy, selfish, unreliable, dishonest, tells lies, unpredictable etc.
I look forward to your sincere and honest advise.
Jazakallah.
besincere786
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Islamic law permits anyone to bequeath a maximum of 1/3 (one-third) of their wealth, valuables, or property to anyone they wish regardless of sex, religion or blood line. The bequest is a formal gift. After the 1/3 is distributed, then the rulings of inheritance apply. Of course, the deceased's debts should be paid first. The bequest enables a Muslim to make sure someone who may be unrelated, a female who may be dependent upon the deceased, or a distant relative to receive something of value from the deceased. This ruling often balances out and protects the interests of a relative who may receive a small or no part of the deceased wealth. Just as your mother and father have the legal benefit of inheriting the family home in the event of their spouses death because they are joint owners, your father can bequest that you receive specific valuable property now while he is alive. Example: Your father can gift to you his car, jewelry, watch, books. He should most definitely prepare a simple will highlighting this effect. He may also consider referencing that your brother is not a responsible adult. At the time of your father's death, no one knows what your brother's status might be. He may go back to his bad habits and although he may profess to be Muslim, loose the benefits of being a responsible adult since he is addicted.
While a person is alive, they can gift their wealth to whom they please, without any regard to their status. However, parents should not play favorites if all their children are responsible. Some children are, in fact, more needy and a parent may be sincere in offering assistance to a child who is ill, who is in school and not working, who may have had financial troubles. Your brother is entitled to inheritance if he is Muslim at the time of your father's death. If he is kufar, then he is entitled to nothing. You may chose to consult with a religious leader on your brother's status at the appropriate time. Many Muslims fall into traps of the dunya and struggle with drug addiction, although they still love Allah. Some people are not involved in any haram behavior but may have decided that they just do not want to be Muslim. So the status of kufar varies from person to person.
Some people when they are usually older, may decide to give property to their loved ones, as a rich woman or man giving her or his widowed mother property or a small home, putting money aside for a female daughter in college so she can continue her studies, etc.
I am not a lawyer, but
Islamic law permits anyone to bequeath a maximum of 1/3 (one-third) of their wealth, valuables, or property to anyone they wish regardless of sex, religion or blood line. The bequest is a formal gift. After the 1/3 is distributed, then the rulings of inheritance apply. Of course, the deceased's debts should be paid first. The bequest enables a Muslim to make sure someone who may be unrelated, a female who may be dependent upon the deceased, or a distant relative to receive something of value from the deceased. This ruling often balances out and protects the interests of a relative who may receive a small or no part of the deceased wealth. Just as your mother and father have the legal benefit of inheriting the family home in the event of their spouses death because they are joint owners, your father can bequest that you receive specific valuable property now while he is alive. Example: Your father can gift to you his car, jewelry, watch, books. He should most definitely prepare a simple will highlighting this effect. He may also consider referencing that your brother is not a responsible adult. At the time of your father's death, no one knows what your brother's status might be. He may go back to his bad habits and although he may profess to be Muslim, loose the benefits of being a responsible adult since he is addicted.
While a person is alive, they can gift their wealth to whom they please, without any regard to their status. However, parents should not play favorites if all their children are responsible. Some children are, in fact, more needy and a parent may be sincere in offering assistance to a child who is ill, who is in school and not working, who may have had financial troubles. Your brother is entitled to inheritance if he is Muslim at the time of your father's death. If he is kufar, then he is entitled to nothing. You may chose to consult with a religious leader on your brother's status at the appropriate time. Many Muslims fall into traps of the dunya and struggle with drug addiction, although they still love Allah. Some people are not involved in any haram behavior but may have decided that they just do not want to be Muslim. So the status of kufar varies from person to person.
Some people when they are usually older, may decide to give property to their loved ones, as a rich woman or man giving her or his widowed mother property or a small home, putting money aside for a female daughter in college so she can continue her studies, etc. This is important to do or to designate the bequest while you are alive. Once someone has died, there is nothing other than the specific Islamic law that can be followed.