Question:

My question is regarding inheritance where people still live in a property. Example: A man dies leaving children, parents, siblings, and a wife. The wife is a convert muslim and has no family that islamically could support her, remarriage is not an immediate option in her country, and the community financially would not take care of her. She has been living in her husbands house, but in accordance with Islam and what i have read, scholars are saying she will only be entitled to 1/8. What if her parents in-law, sister inlaws and brother inlaws wish to sell the house? What if her own children got greedy and also too wanted to sell it - or the lady's childrens partners pressured them to sell the house? Where is she supposed to live? She wont have a home? Is there any special exceptions to the fatwas for a muslim in this situation? She is a convert muslim with no muslim family she can turn to, and living in a non muslim country. I am just trying to understand islam. Couldnt in such a situation the house not be distributed until she dies? Please dont say "its the communities responsibility for her" because the community would not care. I need a practical solution. Forgive me for saying so, but it seems unfair that if a wife spends her life at home, taking care of children, and her husband, and not getting paid, if her husband dies, this would be trumatic, but being forced to leave her house too, and be homeless? I have tried to think of solutions for the wife, and i truely have the upmost respect for islam (I am a revert also), but i would like to understand islam. I have always seen it to be practical. Please help me to understand.

Answer:

According to the rules of joint-ownership of a property where there are several partners with their shares intrinsically mixed up as in your case, no one will be able to sell their portion without the other shareholders' permission. If you do not give permission, even a portion of the property cannot be sold as you are entitled to your share of it in all circumstances- and your share is, as already mentioned, spread throughout the whole property. See "Rad al-Muhtar," kitab al-Shirkah, vol.6, p467. Furthermore, though the sons have the right to their share in the house, they also have the obligation of looking after their mother and thus should not try to sell the house. Islamic Law does preserve the rights and needs of the womenfolk. If however the children have not had respect for Islamic ethics and law instilled in their hearts by their parents, such that they are negligent in regards to such rights of their parents, it cannot be said that Islam has not catered for this circumstance. If there is blame to be directed at anyone it must be at the doorstep of the parents and no one else. To find fault with Islam is simply unjust and a lack of appreciation of the nature of the Deen. It is analogous to a father and mother who allow their sons and daughters to watch movies, soap-operas and freely go out with their friends. These children gradually get hooked on drugs, fornication etc, the parents finally stop them and confront them, but the children casually look through them as though they are on another wavelength. These parents then proclaim: why did not Islam prevent them from this and what is Islam's solution to our children's disobedience? Islam is the perfect way of Life that will always bring peace and security, spiritual and material, if followed sincerely. If however, people live according to Islam in an insincere way, that is always showing it lip service, acting upon those teachings that they find easy and acceptable and throwing behind their backs teachings that they find are unpalatable, then it will never show its fruits in the lives of these people. Allah taala tells the believers: "Enter into Islam fully," (The Holy Qur'an).

Mufti Mohammed Sajjad

Wallahu Aalam bis-sawab

Please remember us in your Duas...

The answer to this question is the opinion of the scholar and does not reflect the opinion of other scholars of As-Suffa Institute and As-Suffa Institute as an organisation.