Question
Reference number: 858219 | Inheritance, Bequests, Endowment, Personal Status | Oct. 30, 2019
A man died and he left sons and daughters. His inheritance was distributed fairly according to Islamic Law (The Holy Qur’an). However, the sons did not give their sisters their proportion, but keep it with them admitting the rights of their sisters. The sons justify their action as their sisters’ husbands are not good enough, and they fear that those husbands take all the money. Instead, they want to keep their sisters’ share with them, and once any of the sisters need some money they will give her. What is the ruling?
Answer
Praise Be to Allah and Peace Be Upon His Messenger.
The daughters’ proportion is their rights that should not be shared with anyone: children, husbands, or brothers. It is well-known that the woman should have her own independent patrimony, and she has the right to spend it as she likes. None has the right to deprive her as long as she is qualified enough to own her own money. If brothers deprive their sisters from getting their share, regardless of the reasons they claim, this deprivation is considered injustice and transgression. Allah says: “O you who believe, Eat not up your property among yourselves unjustly.” An-Nisa’: 29
What the brothers do is considered eating up their sisters’ rights. Therefore, the brothers are required to give their sisters their share fairly, and they should not cover their bad deed with some justification. Then, the sisters have their own way in managing the money: to keep it, or to spend it. The wife can give her husband some of her money if she likes as charity, debt, or donation. Her way of managing her money is acceptable as long as she is qualified. (sane and mature).