Answered by Muftī Yūsuf Badāt
Question:
I am writing regarding a recent tragic incident where several family members passed away in the Air India crash. This included a husband, wife, and their daughter, all of whom died at the same time.
As the appointed executors, we have been reviewing the estate of the husband and wife. Upon investigation, we found that the wife’s account contained two homes and a significant sum of money. It is important to note that, on more than a dozen occasions, the husband had clearly stated, including in conversations with us as executors, that everything was in his wife’s name.
The husband also left behind a number of debts. He was known for making commitments to assist others financially or invest in businesses, often mentioning large sums of money. This led many to believe that he had substantial assets, giving hope to those left behind that there would be significant inheritance. However, the husband’s family is now claiming ownership of the homes and money in the wife’s accounts. They argue that the husband, being the breadwinner, should have a claim on these assets, while dismissing the wife’s efforts in working for the husband’s business, earning a monthly wage, and covering all household expenses. Notably, there is no evidence of any mortgage payments or bills being paid from the husband’s accounts, nor is there any trace of him transferring money to the wife’s accounts.
During a 33-minute phone conversation between the deceased’s father and an executor, the father, who is now claiming that the son had significant funds, mentioned that the homes were the result of the son’s efforts. However, he also made two key points:
- “I don’t know how he managed his finances or how he did his work.”
- “When he mentioned to me that the properties were in the wife’s name, I told him it was a mistake. He told me to ‘leave it.’”
Given these circumstances, can the husband’s family claim any of the properties in the wife’s name?
Additionally, there have been threats of physical harm against one of the executors by the husband’s family. In light of this, now that the initial stages of the executorship have been completed, can the executors step back and allow the family to handle any remaining affairs?
Your advice on these matters would be greatly appreciated.
Answers:
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allāh, Most Gracious, Most Merciful.
Jazāk Allāh Khayr/ Thank you for contacting Mathābah.
We pray the Almighty bless the deceased with forgiveness and Paradise.
From what you have described, it appears that the properties and funds were all kept in the deceased wife’s name simply for paperwork and mutual understanding between them. It also appears from what you have described that the deceased wife also worked and earned money for the properties and funds. In such cases, the properties and funds should be deemed 50% ownership for each partner. 50% ownership for the deceased husband and 50% ownership for the deceased wife. The rightful heirs for each of the deceased’s families may lay claim for their inheritance as per the Qur’ānic injunctions.
The appointed executors are to do their utmost best that is in their capacity to ensure all matters regarding the deceased’s assets are handled and wound up, as per Islamic guidelines. Even if there are threats by family, the duty is to keep advising and completing your tasks of executorship. If there is any danger on yourselves as executors, you may seek the aid of appropriate authorities or the legal system in place, to fulfil your duty. It would only be permissible to withdraw from your obligations as executors if you are confident that everything is being settled as per Islamic guidelines. Remember, you are answerable for this trust in the court of the Almighty, Allāh Ta’āla. We pray for ease, success and acceptance.
Almighty Allāh instructs, “Indeed, Allāh commands you to render trusts to whom they are due.” – (Qur’ān 4:58 )
The Messenger of Allāh (peace and blessings be upon him) stated, “Whosoever from you is appointed to a position of authority and he conceals from us a needle or something smaller than that, it would be misappropriation and will be made to produce it on the Day of Judgment.” – (Ṣaḥīḥ Muslim 1833)
“Every one of you is a guardian and every one of you is responsible (for their obligations). A ruler is a guardian and is responsible (for his subjects); a man is a guardian of his family and responsible (for them); a wife is a guardian of her husband’s house and she is responsible (for it), a slave is a guardian of his master’s property and is responsible (for that). Beware! All of you are guardians and are responsible (for your wards)” – (Ṣaḥīḥ Bukhārī 5188 )
“If anyone deprives an heir of their inheritance, Allāh will deprive them of their inheritance in Paradise on the Day of Resurrection.” – (Mishkāt Al-Maṣābīḥ 3078)
“[For inheritance] Allāh instructs you concerning your children: for the male, what is equal to the share of two females.” – (Qur’an 4:11)
Only Allāh Knows Best
عَنْ عَدِيِّ بْنِ عَمِيرَةَ الْكِنْدِيِّ، قَالَ سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ مَنِ اسْتَعْمَلْنَاهُ مِنْكُمْ عَلَى عَمَلٍ فَكَتَمَنَا مِخْيَطًا فَمَا فَوْقَهُ كَانَ غُلُولاً يَأْتِي بِهِ يَوْمَ الْقِيَامَةِ – رواه مسلم ١٨٣٣
كُلُّكُمْ رَاعٍ وَكُلُّكُمْ مَسْئُولٌ فَالإِمَامُ رَاعٍ وَهْوَ مَسْئُولٌ وَالرَّجُلُ رَاعٍ عَلَى أَهْلِهِ وَهْوَ مَسْئُولٌ وَالْمَرْأَةُ رَاعِيَةٌ عَلَى بَيْتِ زَوْجِهَا وَهْىَ مَسْئُولَةٌ، وَالْعَبْدُ رَاعٍ عَلَى مَالِ سَيِّدِهِ وَهُوَ مَسْئُولٌ، أَلاَ فَكُلُّكُمْ رَاعٍ وَكُلُّكُمْ مَسْئُولٌ – رواه البخاري ٥١٨٨
عَنْ أَنَسٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ قَطَعَ مِيرَاثَ وَارِثِهِ قَطَعَ اللَّهُ مِيرَاثَهُ مِنَ الْجَنَّةِ يَوْمَ الْقِيَامَةِ – مشكوة المصابيخ ٣٠٧٨
النساء ١١ –يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ
