Fatwaa ID: 817

Question:
Assalamualykum mufti saab. After the death of a mother children distribute her jewellery according to mutual understanding among themselves. Obviously it is not equal distribution. Is it okay if everyone is happy with it.

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

There is great abuse in the above matter. In many cases, “mutual” is not the reality. Allaah Ta’aala has allotted specified shares for the heirs with great wisdom. In the enquired situation, the estate of the mother, jewelry and everything else included, should be distributed first according to the Shari’ah laws of inheritance and succession. Whoever then wishes to give away their parts after assuming possession may do so.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

__________________
Disclaimer

Darul Iftaa New York answers questions on issues pertaining to Shari’ah. These questions and answers are placed for public view on askthemufti.us for educational purposes. The rulings given here are based on the questions posed and should be read in conjunction with the questions. Many answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation. 

Darul Iftaa New York bears no responsibility with regard to its answers being used out of their intended contexts, nor with regard to any loss or damage that may be caused by acting on its answers or not doing so.

References and links to other websites should not be taken as an endorsement of all contents of those websites. 

Answers may not be used as evidence in any court of law without prior written consent of Darul Iftaa New York.