Depriving an heir of their due right of Inheritance

Nasihah (Advice): Beware of oppressing one’s heirs

Rasulullah sallahu alaihi wa sallam said, “Sometimes a man and a woman live in the obedience of Allah for sixty years then before they die they cause such harm in their bequests that Jahannam becomes warranted for them.” [I.e. they cause harm to the heirs by either bequeathing more than one third, or they choose to gift all of their wealth to one heir so as to deprive the other heirs etc.] [Sunan Tirmidhi]

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Question and Answer:

1. What are the Islamic repercussions for depriving one’s siblings (daughters/sons) of their rightful inheritance?

1. In Surah Nisaa, after discussing the shares of inheritance in detail, Allah Ta’ala sounds a severe warning for those who breach the commands mentioned about inheritance saying:

“These are the limits set by Allah Ta’ala, and whoever obeys Allah Ta’ala and His Messenger Sallallahu Alayhi Wa Sallam will be admitted to gardens under which rivers flow, abiding eternally therein; and that is the great attainment.” (4:13)

“And whoever disobeys Allah Ta’ala and His Messenger Sallallahu Alayhi Wa Sallam and transgresses His limits – He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment.”(4:14)

Consider the following Ahaadeeth:

Sayyiduna Anas bin Maalik Radhiyallahu Anhu narrates that Rasulullah Sallallahu Alayhi Wa Sallam said: “Whoever disinherits the inheritance due to his heirs, Allah Ta’ala will deprive him of his inheritance in Paradise on the Day of Resurrection.” (Sunan Ibn Majah #2703)

Sayyiduna Abu Hurayrah Radhiyallahu Anhu narrates that Rasulullah Sallallahu Alayhi Wa Sallam said: “A man may do the deeds of the people of goodness for seventy years, then when he makes his will, he is unjust in his will, so he ends (his life) with evil deeds and enters Hell. And a man may do the people of evil for seventy years, then he is just in his will, so he ends (his life) with good deeds and enters Paradise.” Sayyiduna Abu Hurairah Radhiyallahu Anhu said: “Recite if you wish: “These are the limits (set by) Allah Ta’ala up to His saying: “a humiliating punishment.” (Sunan Ibn Majah #2704)

And Allah Ta’ala Knows Best

Mufti Muhammed Hamza Farooqui

Mufti Taahir Hansa

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

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