Fatwaa ID: 1575
Question:
Assalamualaikum;
We are total 5 siblings 2 brothers and 3 sisters, my mother died before 5 months, i stop talking to my father before 2 year when my mother was alive, he fight with my mother and using bad language to my mother and me due to this reason i just not talk to him and i was only talking to my mother.
My father in anger give talaq to my mother and tear the marriage certificate. when his anger came down he is saying that i not give talaq to you. but my mother was sad and start living separately after few months my mother died and left all the property and gold she was having.
The property papers and gold she was having was given to my brother-in-law to keep save and actually the property is on her name. Now my father is asking my brother-in-law to give me the property papers and other things, i will divide it how i want but my brother-in-law is saying no it is given to me as amanat from my mother-in-law and i will give it back in one condition if you divide it equally and everyone agree on it.
But actually my father not want to divide it equally and he is saying this was my money i bought everything for your mother-in-law on her name.
Now actually my questions are
1: What will be done to the that property will it be divided equally or will be given to my father to divide how he want.
2: My father also dua against us (Me My Husband, My Sister and Her Husband) very badly in front of everyone.
3: I am married and my husband saying it is your right to take your property as it on your name after your mother.
Please Help me out in this because i am scared of Allah, will this dua against us will be answered or not?
Please don’t publish my name and details on website in case if you want to publish the queries on website.
Thank You.
Answer:
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 fill your mother’s qabr with Noor and elevate elevate her status in Jannah.
- There are a two issues to consider here: the ownership of the property, gold, etc., and the divorce.
We will first have to determine who the said things actually belong to. If your father had purchased it for your mother or he gifted them to her, then they belong to your mother. They do not belong to your father. If the things actually belong to your father but were only put under your mother’s name for whatever reason, then those things belong to your father and will have to be returned to him.
We wish to remind the family that Allaah Ta’aala knows the reality and nothing can be hidden from Him. If a person unlawfully and oppressively acquires something in this Dunya, then he will have to pay it back tomorrow in the Hereafter. Justice will meted out. No one can escape this in the Hereafter. It is not worth the few moments of enjoyment in this world.
Secondly, if your father had issued talaaq to your mother and did not take her back into his marriage, then he is not entitled to anything from her estate nor can he lay a claim to anything. This is pertaining to those things that actually belong to your mother. If he did not issue talaaq or he did but took her back, then he is entitled to one-fourth of her estate. Again, Allaah Ta’aala knows the reality of the matter and nothing can be hidden from Him.
After determining the above two things, the estate will be divided in accordance to the Shari’ah laws of succession and inheritance. It may not be divided however your father wants nor equally as you have mentioned. You may revert to us with details of who the successors are and we will advise accordingly regarding the shares. This is obviously after you have determined the initial two issues.
- Do not feel blackmailed by invalid bad du’aas. If you are not deserving of those du’aas, then it will not come upon you. Rather, it will go back to the one who made the du’aa. If you are deserving, then make istighfaar and seek protection.
And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/
01/16/1445 AH – 08/03/2023 CE | 504
وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين
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