Question ID: 19773
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ASALAMUALAYKUM

MY LATE MUM HAS MADE A WILL .SHE HAS STATED THAT HER 5 CHILDREN GET AN EQUAL SHARE OF MONIES FROM A PROPERTY WHICH WE SOLD .MY DAD WHO IS ALSO LATE [13 YRS PRIOR] HAD GIVEN MY MUM OWNERSHIP OF THE SAME PROPERTY IN HIS WILL.DURING MY TEENS I REGRETFULLY WITNESSED AN ILLICIT AFFAIR BETWEEN MY MUM AND MY FATHERS SISTERS HUSBAND.HE WAS NOT A FORMAL CONVERT TO ISLAM BUT ASSUMED A MUSILM NAME BY CALLING.HIS CHILDREN ARE ALSO HAVE HINDU NAMES STILL .BUT HIS GRANDCHLDREN ARE NAMED AND PRACTISE ISLAM. I AM 60 YEARS OLD AND TRYING TO CONVINCE MY 3 BROTHERS TO APPLY THE QURANIC RULE AND GIVE MY SISTER A PORTION OF SHARE ,SINCE MOST OF THE FAMILY /RELATIVES KNOW THAT MY SISTER IS NOT MY FATHERS OFSPRING .MY DAD WAS HUMBLE–HE WAS DEAF AND THIS UNCLE TOOK ADVANTAGE OF HIM .HE WELCOMED HIMSELF OFTEN INTO OUR HOME WHEN WE WERE LITTLE [4 BROTHERS].MY DAD WAS NOT AWARE OF THE MISCHIEF GOING ON AS I KNEW IT AT THAT TIME.SINCE MY TEENS I HAVE LIVED WITH THIS HURT AND MADE DUA FOR FORGIVNESS TO ALLAH FOR MY MUM .WHEN THE SISTER WAS LAST BORN OVER THE YEARS MY MUM USE TO REMIND MY DAD TO MAKE 5 EQUAL SHARES –AND USE TO TELL HIM ONLY ONE DAUGHTER. AS OF PRESENT MY SIS TER IS FINANCIALY SECURE .I LOVE MY MUM AND WANT TO DO THE RIGHT THING TO SET HER FREE FROM AZAAB IF ALLAH ACCEPTS INSHALLAH .MUFTI WHAT IS THE SHARIA RULING IN THIS CASE AS FAR AS DISTRIBUTION OF SHARES ?

JAZAKALLA SHUKRAN

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Asked on April 15, 2016 8:57 pm
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Private answer

If the sister was born whilst your father and mother were in Nikaah, then although the biological father could be someone else, the sister belongs to your father and mother.
The estate must be divided as per Shariat, not equal 5 part method.

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Answered on April 25, 2016 6:42 pm