Islamic marriage advice and family advice


Money roll, dollar bills, cash

Arguments about money are tearing families apart...

My father past away few years ago, I maintained the property, spent money on extensions, as I always thought it was my house, and my father when he was alive never thought different, he had no will nor instructed me to distribute it in a certain way, I have rented the property when he was alive and moved to the new house, and I always took the rent, we  moved to our new home with my father and mother and my family, after his death I changed the house in to my own and mums name as joint owners, I have 2 sisters who are married and live in there own houses, but as greed does come and its maybe not the sisters but there husbands from back home who feel they had a share in the property, and they have hinted it in there conversations, as I never thought that this could happen to me, so it never crossed my mind, if I ever had any awareness that this would  of happened at the time, I would have never invested so much in to the property and maybe purchased my own, it does play on my conscious and if i m doing something wrong, as i don t want to be held accountable. Lastly if there is any inherentance owed to them do I take out money I have invested into the property for example the extension, decor and maintenance over the years. Please advise...jzk


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12 Responses »

  1. Brother, I am unable to guide you a to the distribution of the property in this actual case. However, islamically, your sisters have a share in the house ( less than yours) as do all siblings irrespective of their own separate wealth/properties. The females inherits less the ale counterparts. They can by free will of their own choose to relinquish such rights (always get that in writing and notarized).

    If you reside in a Muslim country with sharia based law there will be law on inheritance and you may consult a lawyer.

    If you live in a non Muslim country, I am assuming local law governs, unless all parties agree on pursuing this through a sharia council which exist in sone non Muslim countries - independent of local law.

    With regards to the investments in the property, you will need to consult a Muslim legal jurist. Hope this helps.

  2. In addition to my previous reply, even though you transferred the house in your own and your mother's name, I am not sure you can omit your sisters from obtaining their share in the property. Unless there is a legal document, will or such, in which your parents disown them or your sisters relinquish their share. Otherwise they are entitled to their share.

    You need a legal counselor with expertise in sharia based inheritance law especially if you live in a Muslim country as the interpretation of sharia law may vary.

  3. As Salam O Alaikum !

    1 - Brother when at first when you invested in the same property you should have had consulted your so called sisters and there husbands. If not consulting you could have had told them that you are investing so and so for the same property taking your parents into confidence of conveying the same to them.

    2 - Be it any religious law not just Islamic a sister (i.e a Daughter ) has equal rights in the parental property. Now if the house in which you have invested belongs to your father (i.e if its not an ancestral property ) then after him it goes to your mother but if she wills she can put forward the same on your name (once again PROVIDED it was a self earned house by your father and not ANCESTRAL ).

    3 - Now since the sisters are asking for their share in the same you can upfront tell them the liababilities that you have spend for that house which needs to be divided equally amongst your both sisters and they need to pay you that and then the share part comes. Not islamically but why on earth would they get share in property when they havent maintained it while there was the need for the same. Where were all of them when you were spending on the house? They definately shouldnt get the share until and unless they pay you the equal amount divided by both of their families.

    4 - Last and the least. They are your sisters why so much hinch in this property thing. Give them there share ALLAH will reward you with million times more. And even if they get this ready made share of the property that isnt going to suit them in any way.

    All the very best !

    • Assalaamu alaykum. It is a great sin to speak a matter of this religion without knowledge.

      If the father passed away, his wealth should shared according to Quran and Sunnah.

      There is no where it says the wealth moves to the Mother alone.

      Sorry if I missunderstood your comment.

      It would have better to a brother to take this matter to someone who qualified not Internet forum.

      • Mr. Ahmed

        You did misunderstood my comment. LAWFULLY speaking that meant not ISLAMICALLY if the property is self earned by a person he can give it to whosoever he wills to. Because it was earned by him and not begotten from the ancestors. Now ideally a person would definately will the same on his spouse name after he is no more. So obviously the spouse in turn can give it to anyone whom she wishes too and no other person can challenge that WILL.

        In the above case i dont know if it was self earned by the OPs father or it was ancestral that is why specifically i ASKED the same to him.

        Thank You !

        ( Property Laws of every country are different since every country doesnt follow the SHARIAH LAW )

  4. I found an older question which answers maybe some part of your question. See the ruling posted in the reply section. Hope this helps.

  5. Salam,

    If I were you I would figure out what you owe to your sisters and give it to them. First figure out what your father owned, next, follow how inheritance is divided:
    If you spent on maintaining their share you could ask for it as a cost that they owe you. The rent that you make, based on their share they should get a share as well. The burden of the cost that you pay to maintain the house, including your time would be a negative to the distributable profits. So you just need a balance sheet on how much your dad owned, what you own, what the maintenance costs were, and what the profits were. And then decide if you want to sell the house or have it as shares, or buy out their shares. I'm not a scholar but this is how I would've done it to make sure it is not held against me on the day of judgement. Salam.

  6. We live in the year 2016 not 2000BC . Men and women should be treated equally. If your father had left you out of the will and included just your sisters I am sure you would be offended???? I'm sure you can understand what they say to you. By the way if anyone is motivated by greed in this occasion it's you.

    • Perfect brother / Sister !

      I second you on your thoughts as you have mentioned. Perfectly said. May ALLAH bless you.

    • Cuddles, I can't imagine what 2,000 BC has to do with anything. We are Muslims and we follow the Qurand and Sunnah, regardless of the year. Allah's laws are divinely ordained and will always be wiser and more just than man-made laws.

      Wael Editor

    • I don't know whether you are Muslim but this comment is very inappropriate in this manner.

      He is asking kindly for advice...

  7. If any married sister died,her kids are also married then they have any share in property of her father?

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