Question Summary:
Inheritance for Non-Contributing Family Member

Question Detail:

AsSalamalekum Wa Rahmatullai Wa Barakatuhu,

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, a child will always inherit from his parents. This is clearly understood from the Qur’an.

In the enquired situation, when your grandmother passed away, her children, your father and uncle were her heirs. They are both entitled to a share of the inheritance.[1] This is a right given by Allah Himself. It was incorrect of your father to refuse your uncle his share of the inheritance due to not assisting the family.

We advise you to undo your father’s wrong and relieve him from the burden of refusing your uncle his share of the inheritance.

And Allah Ta‘ālā Knows Best.

Checked and Approved by:
Mufti Ebrahim Desai.

_______

[1]

مختصر القدوري (ص: ٢٤٥)

ولا يرث أربعة: المملوك والقاتل من المقتول والمرتد وأهل الملتين