Date : 16-08-2009

Question :

My father left us a flat building and a separate house on the same plot of land. Before his passing away, he had bequeathed a flat for each and that one gets the house. My flat is very old and lacks the proper utilities, so I told my big brother that I waive my right in it and that I will try to build my own house somewhere else. He got angry and said he will turn his back on me and that I was forced to fulfill our father`s bequest. My mother shared the same opinion. What is the ruling of Sharia on this?

The Answer :

Praise be to Allah the Lord of the Worlds.



When a Muslim passes away, all his property goes to his/her legitimate heirs. This is of course after covering his debts and burial expenses and executing his bequests. However, no bequest must be made to an heir unless approved by other heirs and they waive their right to the heir the bequest was made in favor of.



The deceased`s estate must be divided amongst the eligible heirs as stipulated in Sharia along with making sure that the girls and their mother get their legitimate shares.



It isn`t permissible to force an heir to reside in a certain place under the pretext of dutifulness to parents or the right of brotherhood. If the mother is incapacitated, then she may live with you for Allah The Almighty, Says (What means): "Thy Lord hath decreed that ye worship none but Him, and that ye be kind to parents. Whether one or both of them attain old age in thy life, say not to them a word of contempt, nor repel them, but address them in terms of honour." {Al-Isra`, 23}. A brother doesn`t have the right to force his brother to remain living in a certain place without any legal necessity since living away from family doesn`t mean severing good ties of kinship with them.



In conclusion, you should do what you see fit for you and your family without any transgression against their rights and try to do your best to win their hearts. And Allah The Almighty Knows Best.