Question
A deceased woman is survived by her husband one son and three daughters. The husband claims that all her assets belong to him. He had given the house to his wife. The heirs are aware of this. But now the husband says that she would have become the owner of the house only after his death. Since she has died before him, he is the owner of the house. What is the Shariah's ruling?
Answer
The husband's claim is baseless and haraam. All the assets of the deceased wife constitute Miraath (Inheritance) and belong to all the heirs in terms of their respective Shar'i shares. If the deceased wife has no surviving parent, then her estate should be divided into 20 (twenty shares).
The husband receives 5 shares. Each daughter shares, and the son 6. The husband's share is one quarter. The claim of the husband regarding the house is baseless. The house belongs to the deceased wife even if the husband had attached the condition of it belonging to her after his death. A condition attached to a gift, automatically falls away and the person becomes the owner on taking
USURPING
INHERITANCE
possession of the gifted asset.
The person who frauds, robs and crooks the heirs in the manner this man is doing will be encased in a steel coffin and flung into Jahannam.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 26 No 02
- PDF page
- 1
Verbatim verified against the source PDF
Appears under | SUBSCRIPTION RATES (2021) | TWELVE ISSUES. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.