Asalamoo alaykoom brother,
I have a question if mother and father were alive and all the land and property were divided amongst children and then mother dies and then the father turns around and wants to divide just one property instead of all the land and propeties but the property he wants divide is only 2 brothers property and he takes a share in that and daughters aswell as the oldest brother,can father do that because he's unjust taking shares for daughters and he's oldest son and for himself on one property which was olready divided on 2 sons,why doesn'he take shares in other property aswell, why just this property,is he unjust or he can do what he wants and who to give it to,which was already divided once the mother was alive.plzzzz reply,i'll be waiting thnk you huda hafiz.
laws of inheritance
[Baqara 2:180] It is prescribed, when death approaches any of you, if he leave any goods that he make a bequest to parents and next of kin, according to reasonable usage; this is due from the Allah/God-fearing.
[Nisa 4:7] From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large,-a determinate share.
[Nisa 4:8] But if at the time of division other relatives, or orphans or poor, are present, feed them out of the (property), and speak to them words of kindness and justice.
Bukhari Volumn 002, Book 026, Hadith Number 658.
Narated By 'Usama bin Zaid : I asked, "O Allah's Apostle! Where will you stay in Mecca? Will you stay in your house in Mecca?" He replied, "Has 'Aqil left any property or house?" Aqil along with Talib had inherited the property of Abu Talib. Jafar and Ali did not inherit anything as they were Muslims and the other two were non-believers. 'Umar bin Al-Khattab used to say, "A believer cannot inherit (anything from an) infidel." Ibn Shihab, (a sub-narrator) said, "They (Umar and others) derived the above verdict from Allah's Statement: "Verily! those who believed and Emigrated and strove with their life And property in Allah's Cause, And those who helped (the emigrants) And gave them their places to live in, These are (all) allies to one another." (8.72)
[Quran Nisa 4:8] But if at the time of division other relatives, or orphans or poor, are present, feed them out of the (property), and speak to them words of kindness and justice.
[Quran Nisa 4:10] Those who unjustly eat up the property of orphans, eat up a Fire into their own bodies: They will soon be enduring a Blazing Fire!
[Quran Nisa 4:11] Allah (God) (thus) directs you as regards your Children's (Inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased Left brothers (or sisters) the mother has a sixth. (The distribution in all cases ('s) after the payment of legacies and debts. you know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah (God); and Allah (God) is All-knowing, Al- wise.
[Quran Nisa 4:12] In what your wives leave, your share is a half, if they leave no child; but if they leave a child, you get a fourth; after payment of legacies and debts. In what you leave, their share is a fourth, if you leave no child; but if you leave a child, they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies and debts; so that no loss is caused (to any one). Thus is it ordained by Allah (God); and Allah (God) is All-knowing, Most Forbearing.
[Quran Nisa 4:13] Those are limits set by Allah (God): those who obey Allah (God) and His Apostle will be admitted to Gardens with rivers flowing beneath, to abide therein (for ever) and that will be the supreme achievement.
[Quran Nisa 4:14] But those who disobey Allah (God) and His Apostle and transgress His limits will be admitted to a Fire, to abide therein: And they shall have a humiliating punishment.
[Quran Nisa 4:176] They ask you for a legal decision. Say: Allah (God) directs (thus) about those who leave no descendants or ascendants as heirs. If it is a man that dies, leaving a sister but no child, she shall have half the inheritance: If (such a deceased was) a wo man, who left no child, Her brother takes her inheritance: If there are two sisters, they shall have two-thirds of the inheritance (between them): if there are brothers and sisters, (they share), the male having twice the share of the female. Thus doth Allah (God) make clear to you (His law), lest you err. And Allah (God) has knowledge of all things.
[Quran 33:36] It is not fitting for a Believer, man or woman, when a matter has been decided by Allah (God) and His Apostle to have any option about their decision: if any one disobeys Allah (God) and His Apostle, he is indeed on a clearly wrong Path.
Bukhari Volumn 008, Book 080, Hadith Number 724.
Narated By Ibn 'Abbas : The Prophet said, "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased."
Bukhari Volumn 008, Book 080, Hadith Number 731.
Narated By Ibn 'Abbas : (During the early days of Islam), the inheritance used to be given to one's offspring and legacy used to be bequeathed to the parents, then Allah cancelled what He wished from that order and decreed that the male should be given the equivalent of the portion of two females, and for the parents one-sixth for each of them, and for one's wife one-eighth (if the deceased has children) and one-fourth (if he has no children), for one's husband one-half (if the deceased has no children) and one-fourth (if she has children)."
Bukhari Volumn 008, Book 080, Hadith Number 725.
Narated By Sa'd bin Abi Waqqas : I was stricken by an ailment that led me to the verge of death. The Prophet came to pay me a visit. I said, "O Allah's Apostle! I have much property and no heir except my single daughter. Shall I give two-thirds of my property in charity?" He said, "No." I said, "Half of it?" He said, "No." I said, "One-third of it?" He said, "You may do so) though one-third is also to a much, for it is better for you to leave your off-spring wealyour than to leave them poor, asking others for help. And whatever you spend (for Allah's sake) you will be rewarded for it, even for a morsel of food which you may put in the mouth of your wife." I said, "O Allah's Apostle! Will I remain behind and fail to complete my emigration?" The Prophet said, "If you are left behind after me, whatever good deeds you will do for Allah's sake, that will upgrade you and raise you high. May be you will have long life so that some people may benefit by you and others (the enemies) be harmed by you." But Allah's Apostle felt sorry for Sa'd bin Khaula as he died in Mecca. (Sufyan, a sub-narrator said that Sa'd bin Khaula was a man from the tribe of Bani 'Amir bin Lu'ai.)
Bukhari Volumn 005, Book 057, Hadith Number 010.
Narated By 'Abdullah bin Abi Mulaika : The people of Kufa sent a letter to Ibn Az-Zubair, asking about (the inheritance of) (paternal) grandfather. He replied that the right of the inheritance of (paternal) grandfather is the same as that of father if the father is dead) and added, "Allah's Apostle said, ' If I were to take a Khalil from this nation, I would have taken him (i.e. Abu Bakr)."