Inheritance Query Cont.

Inheritance Query Cont.

Question:

Wasalam

Jazakallah khayra.

The benefit with both names is 50% each. Should it not be deducting that amount and distributing the rest?

Answer:

In the name of Allah, Most Compassionate, Most Merciful,

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Muhtaram Moulana Ishaq Sahib (Hafidhakallah)

We hope and make Dua you are well. Allah Ta’ala accept all your Khidmaat. Ameen.

Based on the figures you have presented, 50% of the pension credit equates to £21,976.50. This is your mothers share from the pension credit.

However, as it is not possible to determine the exact proportion of your mother’s share (£21,976.50) used in the loan, the method you are suggesting would be inaccurate to use.

This is because one cannot ascertain that the full £21,976.50 was used in the loan. It is possible that an amount less than the £21,976.50 was used in the loan as portions of your mother’s share may have been withdrawn from the account. Furthermore, it is also possible that the full amount of the loan (£61,118) was loaned to you only from your fathers share of the account.

Accordingly, using the method of deducting 50% of the pension credit (£21,976.50) from £61,118 and thereafter distributing the rest (£39,141.50) may be tantamount to infringing the rights of the heirs to a higher amount of inheritance (more than £39,141.50).

It was for this reason that we advise you to discuss the issue with your mother and all siblings and mutually decide on the best course of action.

And Allah Ta’āla Knows Best

Hammad Ibn Ismail Jogiat

Student - Darul Iftaa

Cambridge, Ontario, Canada

Checked and Approved by,

Mufti Ebrahim Desai.

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