Question
A husband and wife had a house jointly on their names.
The husband worked bringing the money while the wife did not work to bring in money but stayed at home as a housewife looking after their 2 boys and 3 daughters.
Now the wife died in 2002 and the husband transferred the wife portion of the property on his name.QUESTION: Is this right according to the LAWS OF ISLAAM?
All the 5 children are alive is the children entitled to the portion of their mother’s joint property held together between father and mother?.
Suppose the house was given as gift how the distribution has to be done
Suppose it was done for legal purposes what would be the Shari’ah ruling
Answer
Muhtaram / Muhtaramah
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.
1) If the a portion of the home was gifted to the wife, then it belongs to her estate after she passes away.
Her portion of the house will be divided into 28 Shares.
The husband will be entitled to: 7 shares.
Each son will be entitled to: 6 shares.
Each daughter will be entitled to: 3 shares.
The estate will be distributed as mentioned above assuming there are no living ascendants (e.g. parents…etc) of the deceased.
2) If part of the house was put on her name merely for legal purposes and it was not a gift, then the house belongs solely to the husband.
And Allah Ta’ala Knows Best
- The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.
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