Social Matters >> Rights & Etiquettes

Question # : 155822

India

My father has multiple properties and he had purchased few properties in the name of my mother. My parents have 3 sons and 3 daughters. All are married and well settled. Two of my elder brothers did business along with my father and they had loses and ended the business. Second brother is totally depended on my father and all of my three sisters got married and well settled. Recently my second brother house was completely demolished. Since he is depended on parents he requested financial support from his parents. My parents are retired and have financial income from properties rent. And also my parents are old and my father has given permission to sell mothers one of the properties. In order to help the second brother my mother decided to sell one of her property and she has decided to give double share to sons and single share to daughters. In order to help second brother disaster. 3 brothers and 1 sister satisfied with the decision of my mother but first and third sister are against with the decision of my mother. And they said to follow Shariah and give equal share to all the children’s as per Islamic law. Please guide us with correct procedure as per Islamic law to do the needful among the children.

Answer : 155822

Published on: Dec 12, 2017

بسم الله الرحمن الرحيم



(Fatwa: 168/273/SN=3/1439)



 



Parents are sole owner of their property during their lifetime. They have full authority over it (i.e. to sell or gift etc). According to Shari’ah, the children have no right to oppose it, as the children are entitled to receive their shares in the property of parents after their death, not during their lifetime. However, if the parents want to distribute all or some part of their property during their life among their children then it is better for them to give equal share to all the children i.e. son and daughter. However, it is also lawful if they give double share to a son compared to daughter. But if a child is needier then they have the right to give him or her more. Hence in the question mentioned above, if your second brother is more needy then according to Shariah it is lawful for your parents to give him more in comparison to the other children keeping in mind his need. All the children should abide by the decision of the parents and they should not oppose it.




Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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