Fatwaa ID: 1857
We wish to understand a situation regarding the right and preferably the best way to deal with a part of our parents estate.
Recently in July 2023 our Mother May Allah rest her soul in peace. Returned to Allah Swa and now buried by our late Beloved Father.
Our brother and his wife and two children lived with our Mother for many years until her passing.
It has been a few months now and we wish to understand how to go about it in an Islamic manner.
He is still living in our parents house. There is no mortgage as our father had paid it off many many years ago before he passed away.
My brother wishes to live in the house and wait till his house – (that he has for many years rented out) has asked the tenants leave and then decide what he wishes to do … that is whether to buy our parents home from us or to sell it??
The problem is his tenants have been told to leave and is or has progressed to the courts. This may take many more months or a year.
He intends to live in the house. Until he is ready and stable to leave. He has told us he shall put his house on the market after he has done some work to his house which will take even longer.
We recently had a meeting and a time scale has been voiced. However, we believe that we do not want to wait maybe 2 or 3 years.
This seems to be lengthy. We are not sure how long it will take as there is no certainty when he shall gain control of his house again and when he will do the works in the house he rented before he puts it on the market and then it has to sell before he then decides what he wishes to do.
We feel that it seems unfair on us and do not want to offend him either
Is it right for us to take rent from him as he will be living rent free and gaining a handsome rent from his mortgage free property ?
He said that everything has to be done the way stipulated in the Qur’an. Sharia Law.
He has not shown any compassion to us sisters taking the gold and when we were willing to pay each sibling the right money due.
He has strictly said he does not agree with us taking. But rather that it should be shared as stated unless some of us don’t want to keep the gold but would rather take the money.
Also our Mother left a will leaving
the house to us 6 siblings.
We are 3 brothers and 3 sisters.
9 shares divided :
2 shares to each of the 3 brothers
1 share to each of the 3 sisters
Another matter is that our sister in law who lives in our parents house has had her brothers son living in the house for nearly 3 years now.
He has not paid any rent to my Mother and now to us. My Mother was not completely happy about this but did not voice it out of fear that my sister in law may become offended as she was helping her at time.
- Would it be right to ask for rent from our brother firstly ??
- secondly from our sister in laws nephew??
- Is it advisable to have a mediator for us? If so, who would be best to go to or is there any special body who help with these matters ?
(As conversation at times did become heated or unfair and rude at times. Especially as Sisters we were not treated right).
Please kindly help us with this.
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.
We take note of the details of your query. May Allaah Ta’aala elevate the status of both of your parents in Jannah. May He keep the family connected with love, compassion and happiness.
We commend you and the family for desiring to keep everything Shari’ah compliant. Khayr and barakah is only in that. To opt for any other system will bring about regret and remorse in both lives.
We presume that your late father’s estate was distributed appropriately according to the Shari’ah. If it was not, then there may be implications in the distribution of your mother’s estate. The mother’s estate includes all her belongings and wealth. This is to be distributed according to the Shari’ah laws of inheritance and succession. It should be noted that the entire estate is considered as a whole and it’s fair market value will be considered during distribution. It is not necessary to distribute each and every item amongst each heir. For example, some may be given money while others get gold or property. The value is considered to ensure appropriate fair distribution. We take note that there are only nine heirs as you have stated.
Upon the demise of a person, his/her heirs automatically become owners of the estate. In the enquired, once your mother passed away, the house transferred into the ownership of the heirs. If the brother decides to continue living in the house in question, the heirs are in their full right to charge him rent for their shares. Likewise, they may charge rent from his nephew-in-law. It should be noted that they may not demand back pay for the previous months.
It may advisable to have a mutual mediator in between. This will help in keeping matters calm. The details of everything should ideally be documented as well. Misunderstandings and miscommunications are not uncommon.
And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
04/10/1445 AH – 10/25/2023 CE | AML1-8468
وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين
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