• Transactions & Dealings >> Inheritance & Will

    Question ID: 8246Country: India

    Title: My father had a property in his name which came to him from his aunty (khala). The khala had no heirs, the khala was married to my grandfather when, her sister, my real grandmother expired and the aunty (khala) had got the property from her mother. It was ancestral property not earned by my father. We were 4 brothers and 8 sisters, 1 brother expired in his childhood, 1 sister expired at teen age, 1 sister eloped with a kafir, and married as per Hindu rites and she changed her religion and name when father was alive leaving the family in agony, despair and shamefulness. Legal heirs of the late father as per the property card are now 3 sons and 6 sisters. My question is whether the sister who eloped and changed religion has any legal rights of inheritance/share from the father?s property in light Islamically?

    Question: Mufti Saheb Assalamualikum. My father had a property in his name which came to him from his aunty (khala). The khala had no heirs, the khala was married to my grandfather when, her sister, my real grandmother expired and the aunty (khala) had got the property from her mother. It was ancestral property not earned by my father. We were 4 brothers and 8 sisters, 1 brother expired in his childhood, 1 sister expired at teen age, 1 sister eloped with a kafir, and married as per Hindu rites and she changed her religion and name when father was alive leaving the family in agony, despair and shamefulness. Legal heirs of the late father as per the property card are now 3 sons and 6 sisters. My question is whether the sister who eloped and changed religion has any legal rights of inheritance/share from the father?s property in light Islamically?

    Answer ID: 8246

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 1773/1669=D/1429)

     

    If you are right that the sister apostatized and changed her name after eloping with a Hindu and married him then she is out of folk of Islam. She will not deserve any share in the property of her father.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India