Distribution of a father's property between sons and daughters while the father is still alive
30-11-2011 | IslamWeb
Question:
dear brother the situation of the family has become very complicated, it is difficult to take a decision regarding how the property should be distributed. however to make the problem easy let me put it in a few questions: the property is still not divided, it has to go to five children. two sons and three daughters. 1. one brother died by accident recently. 2. another brother's family has got destroyed by family problems. The wife having relation with other man and sons beating with iron rods mercilessly to the father absolutely to cause pain and damage. he has no security to life due to his children and his inability to face the problems. he has lost his health, very weak, and fragile he is 60 years, his physical stature is such that he can be blown away with the wind. the wife and sons have robbed away all the money from him, taken away all the property which he has made, he is houseless although he has made two houses. she has already spent lot of money to make this man financally strong. suppose the property goes to my brother he is not able to safeguard nor he can enjoy. How should my father distribute the property. AsimaNusrath Associate Professor, Chairman Department of Studies in Geography, Manasagangotri,University of Mysore, Mysore 570006 Office : 0821 2419694 Mob : 09986 525716 home: 0821 2495716
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
It appears from the question that the father is still alive. If this is the case, then the matter depends on your father in dividing this money as he is its owner. Thus, if he wishes to divide it on his children as a gift and as a way of making them appropriate it while he is in good health, then this is permissible. However, if he wishes to divide it on them as inheritance, then this is not valid as he is still alive and a living person is not inherited.
In case he divides it as a gift, then the jurists 
differed in opinion whether or not he is obliged to divide it equally and justly between them; the most preponderant opinion is that he is obliged to do so. Moreover, they also differed in the matter of dividing it equally between them, the majority of the jurists are of the view that he should give the male the same share as the female, and this is the preponderant opinion. However, some jurists are of the view that he should give the male twice the share of the female like their share in the inheritance.
As regards his dead son, it is not valid to gift him because a dead person does not own. Nonetheless, your father may gift his grandchildren some of this money as a way of consoling them especially if they are needy; in which case, he should help them.
With regard to the son whom you mentioned in the question and whom you described to be unwell and weak, then if he is conscious, his share should be given to him, and he may be advised to keep his money with whomever can save it for him.
Concerning his wife, if what you mentioned about her is true that she has an affectionate relationship with another man, and that she stole the money of her husband, then it is an obligation to advise her and frighten her of Allaah and remind her to repent from this illicit and forbidden relationship especially if she is still in the bond of marriage with him; in which case, she is very sinful. She should be reminded to repent from being unjust to her husband and that she is obliged to give back the money to her husband unless he forgives her.
For more benefit, please refer to Fataawa 81356 and 86527.
As regards the children, if you mean that they beat their father and they harm him, and this is really true, then this is very strange and it is a real tribulation. How could they do so while their father was the reason of their existence in this life? How could they do so while Allaah The Almighty joined His Rights with the rights of the father? How could they do so while Allaah The Almighty made it an obligation to be kind and dutiful to him (the father) and He forbade saying even an 'Uff' (a word of disrespect) to him? There is no doubt that this is a great evil and it is considered as them cutting ties with him.
For more benefit on being kind and dutiful to the parents and the prohibition of cutting ties with them, please refer to Fataawa 87019 and 87856.
In any case, these children must be advised to fear Allaah The Almighty with regard to their father, and repent to Allaah The Almighty before they regret when it would be too late to regret. Indeed, in case of a person who cuts ties with his parents, Allaah The Almighty may speed up his punishment in this worldly life along with the punishment that awaits him in the Hereafter. The Prophet 
said: “There are two doors whose punishment are speeded up in this worldly life: injustice and cutting ties with the parents.” [Al-Haakim, Al-Albaani: Sound]
On the other hand, if that man is weak and he cannot protect himself, it is an obligation on whoever is able to protect him and defend him, to do so. The Prophet said: “Support your brother regardless of whether he is the oppressor or the oppressed.” A man [a Companion] said, “O, Prophet of Allaah: we understand that we should support him if he is oppressed, but how should we support him if he is an oppressor?” Thereupon, the Prophet said: “By preventing him from oppressing others, and this is supporting him.” [Al-Bukhari and Muslim] Al-Khaadimi 
said in his book Bareeqah Mahmoodiyyah, “Supporting the oppressed is a communal obligation if this can be done.”
Allaah Knows best.