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QUESTION: We are Muslims living in India. My father made a registered will and distributed his properties equally among 3 sons and 2 daughters. At that point of time, my mother was not alive. My question is, is this Will valid as per Sharia or State Law. One of my brothers have objected to sisters getting equal share as brothers.

ANSWER: As Salaam Alaikum!

As Muslims we are commanded by the Almighty Allah to wish each other with salaam as and when
we come across or write to each other.

As per Koran, the distribution of property according to the sex of the children is applicable
only in the absence of a will.

Since you father has done the will, all of you has to abide by the will which is also correct
as per the Koran.

May the Almighty Allah have mercy on us to forgive our sins and guide us all to the true path
of Islam as per the Koran.

---------- FOLLOW-UP ----------

QUESTION: As Salaam Alaikum!
Would be grateful f I know  which part of Koran Mr Azam Mohammaed is referring to, it will be helpful and useful to me, since I have another lawyer's opinion which is contrary to what Mr Azam has said. Thanks in anticipation.

ANSWER: Walaaikum As Salaam!

Am not a legal expert and am on this website not to earn points or rankings but to guide
people as per the Koran to the best of my understanding and knoweledge on Koran.

If only Muslims had followed Koran and stick to Koran the Muslim world wouldn't have been in
the present state.

Am reproducing the ayats below that should over rule the legal experts opinion if it is based
only on Koran and not on shariat or hadith since Koran is the supreme & overrule everything.

4:11
God decrees a will for the benefit of your children; the male gets twice the share of the female.If the inheritors are only women, more than two, they get two-thirds of what is bequeathed. If only one daughter is left, she gets one-half. The parents of the deceased get one-sixth of the inheritance each, if the deceased has left any children. If he left no children, and his parents are the only inheritors, the mother gets one-third. If he has siblings, then the mother gets one-sixth. All this, after fulfilling any will the deceased has left, and after paying off all debts. When it comes to your parents and your children, you do not know which of them is really the best to you and the most beneficial. This is God's law. God is Omniscient, Most Wise.
4:12
You get half of what your wives leave behind, if they had no children. If they had children, you get one-fourth of what they leave. All this, after fulfilling any will they had left, and after paying off all debts. They get one-fourth of what you leave behind, if you had no children. If you had children, they get one-eighth of what you bequeath. All this, after fulfilling any will you had left, and after paying off all debts. If the deceased man or woman was a loner, and leaves two siblings, male or female, each of them gets one-sixth of the inheritance. If there are more siblings, then they equally share one-third of the inheritance. All this, after fulfilling any will, and after paying off all debts, so that no one is hurt. This is a will decreed by God. God is Omniscient, Clement.

The above 2 verses clearly says that the distribution is applicable only in the absence of a
will.

However the Almighty Allah clearly mentioned the guidelines in the Koran on how the property
to be distributed but if a person chose to write a will differently, then one has to abide by
the will & that person is answerable to the Almighty Allah on why he differed from the guidance
in =the Koran. you can go through the ayats below:

4:7-8; 4:33; 4:176


May the Almighty Allah have mercy on us to forgive our sins and guide us all to the true path
of Islam for rest of our life.


---------- FOLLOW-UP ----------

QUESTION: Sir, I am very much happy with your answer which was absolutely clear. Can I ask you with another favour. If you can suggest name of a good lawyer in Hyderabad through whom I can get my WILL written and registered.

Answer
As Salaam Alaikum!

As Muslims we are commanded by the Almighty Allah to wish each other with salaam as and when
we come across or write to each other.

Well, Its not my answer but I just reproduced what the Almighty Allah said in the Koran which
as true Muslims we should follow and abide by it.

Regarding, Lawyer, I would appreciate if you call me on my mobile 9849026154 now.

May the Almighty Allah have mercy on us to forgive our sins and guide us all to the true path
of Islam for rest of our life.  

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Azam Mohammaed

Expertise

I try to clarify doubts logically with Koran's guidance

Experience

Mashallah 18 years since I got married to my wife who is a Protestant Christian by faith

Organizations
ITC Limited ABD-ILTD Division

Publications
Nil

Education/Credentials
Bachelor of Commerce

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Nil

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Nil

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