A case of dispute related to inheritance
Fatwa No: 473221


Aoa, my mother had 20-21 lac Rs as her inheritance. My uncles lied and said it was only 2 lac Rs. For years mother kept asking but they didn't give rather they kept enjoying their lifestyle while we stayed on rent. Few years ago uncle got sick and called siblings to resolve the issue. Due to emotional pressure or thinking that uncle would never give the money my mother okayed to the 2 lac Rs as her inheritance. Recently my mother has demanded her full right 21 lac rupees otherwise she won't sign on the property papers. The property has always been in the possession of the uncles. Is this money 21 lac rupees halal for my mother?


All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

You should know that the Sharee'ah courts or other authorities that represent them are the bodies concerned with settling cases on conflicts. That is because they have a better ability to hear from the conflicting parties and to realize the truth or falsehood of the claims, evidence, and defenses. As such, their judgment would be well established. As for the Mufti, he would hear from one party only, and thus his perception of the issue would be according to the way of offering the question to him. As such, he could not issue the most accurate judgment in such cases. In brief, your mother has the right to claim her Sharee'ah share in the inheritance in full. As for the point that your mother has accepted to receive this sum under psychological pressure, it does not waive her right to take the rest of her due share unless she had accepted this very sum as reconciliation for all her share – a case that should then be examined by the Sharee'ah court to find out whether or not this reconciliation is valid and meets all the required conditions of the valid reconciliation or not. If it is truly valid, she does no longer have the right to claim the rest of her share; otherwise, she could do so. Scholars stated that in case the reconciliation meets all the necessary conditions, all parties should adhere to it, and could not be nullified. In Sharh Risaalat Ibn Abi Zayd Al-Qairawaani Al-Maaliki  may  Allaah  have  mercy  upon  him  the well-established scholar An-Nifraawi  may  Allaah  have  mercy  upon  him said, “When reconciliation truly meets its conditions, it is binding and could not be nullified.

Allah knows best.

Related Fatwa