Inheritance is effective only after death

11-4-2011 | IslamWeb

Question:

After a lots of money given to my son-in-law some way or the other(for starting shop making of his home etc.) , and after he wasted allmost everything(no home no shop now), is it justified for him to ask his share in the property (by torturing his wife)and thats too when Alhamdulillah mother in law and father in law is alive,(with one son and two daughters in total), what should be done keeping in mind my daughter has two kids...

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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 is His slave and Messenger.

The question is somewhat ambiguous and what we understood from it is that this man asks for the share of his wife in the inheritance or that he is urging her to do so to the extent that he tortures her so that she takes her share.

If this is what you meant, then the answer will be as follows:

The daughter, let alone her husband, has no right to ask for her share in the inheritance, because the inheritance is effective only after confirming the death of the owner of the property and that his heir has survived him. So how can she ask for something that she has not yet become entitled to?

Even if we presume that she has a share in the property of her father, then this is her pure right, if she wishes to take it, she may do so, and if she wishes to delay taking it, she may do so, or she may completely renounce it. The woman has her own financial liability which enables her to act as she pleases within what is permissible; for more benefit, please refer to Fatwa 132055.

Therefore, if this man tortures his wife so that she asks for her share in the inheritance, then this is ignorance, foolishness and recklessness on his part. Hence, he should be advised and reminded of Allaah and it is acceptable to threaten him to take his matter to the authorities so that this would be a deterrent for him.

Allaah Knows best.