Message No : 6Sr.No : 233/724
Question By : Noor Rahman


Respected mufti sahib
Asalamoalikom w r
I need the sharia ruling for the following
We are three brothers and four sisters.our
Sisters have got married. Our father is alive.
We were living jointly, but now separated.
We had some money from our father and
The rest we earned at our own. I mean ours
And that from our father is mixed. How can
It be distributed in our father lifetime and how
After Allah forbid, his death.
Jzakumullah
Noor Rahman
Peshwar, Pakistan

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah, All Gracious, All Merciful
Wa Alaikumossalam
Dear Brother in Islam,
The answer to your question is as follows:

The above-mentioned statement shows that your are not under the care of your father at the moment but your were living under his care and all the members of family were living together for years. Therefore, your whole earnings of that period will belong to your father, and you have no right to ask him for shares from his property so long as he is alive. After his death, the property will be distributed amongst the heirs who would be alive at that time, as per their shares. The Prophet of Islam (SAWS) is reported as having said, ¡°You as well as your wealth belong to your father¡± (Masnad Imam Shafee Part: 3 Hadith: 639)

Islam furnishes a parent absolute authority to use his property during his lifetime. He is permitted to give his property whomsoever he likes when he does not want to harm his heirs or deprive them of his property. But if he intends so, he will be sinful. If your father wants to distribute the property in his lifetime, he should give equal shares to every child. This is because, whatever a parent gives to his/ her child in lifetime is gift not heritage. And the share of every child whether boy or girl is equal in gift. The gifted thing will be the property of the child when he/ she takes possession over it. After that the parent is not allowed to take the gift back, according to Hanfi School of thought. The Prophet of Islam (SAWS) is reported as having said, ¡°There is no revocation in gift when it is for relations within prohibited degree¡±. (I¡¯laus-Sunan 16: 106)

And Allah knows the best,

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