His step-brother prevented him from his share in the inheritance

30-6-2011 | IslamWeb

Question:

Assalamualaikum,I have two questions plz reply (1)How should I treat my elder step brother who cheated me & did not share me in our father's property? (2) Is it permitted for a groom to spend more money in reception? JazaakAllah.

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 ( may  Allaah exalt his mention ) is His slave and Messenger.

The property that the deceased leaves behind is a right for all his heirs and it is not permissible to prevent any one of them from his legal share in the inheritance without his consent otherwise this act will be a clear injustice. Allaah Says (what means): {For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much — an obligatory share.}[Quran 4:7]

Besides, Abu Hurayrah  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “If a believer dies while in debt, I am responsible for the repayment of his debt, and whoever leaves wealth (after his death), it is for his heirs.

So, if it is true that your step-brother has cheated you and prevented you from your share in the inheritance, then he is sinful and he is obligated to repent and give you back your right. So, you should advise him in a gentle and soft manner and you may seek the help of some righteous people to convince him. Then, if he gives back your right to you, then this is what is required, otherwise it becomes permissible for you to desert him but you should take into consideration what is more appropriate and beneficial to do in this regard. For more benefit on the conditions of deserting someone, please refer to Fatwa 84976.

Also, you have the right to take your case to an Islamic court if necessary.

As regards organizing a Waleemah when getting married, it is a Sunnah but one should avoid being extravagant in it. Being extravagant is forbidden, but it should be known that extravagance differs according to the difference of people. This has been already clarified in Fatwa 86120. For more benefit, please refer to Fatwa 88103.

Allaah Knows best.

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