Dr. Mufti Syed Ziauddin Naqshbandi Mujaddidi Qadri
Shaykh Ul Fiqh, Jamia Nizamia; Founder - Director
Abul Hasanaat Islamic Research Center
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f:411 - Questions about brothers spending on sisters
Country : Not mentioned, Name : Mohsin
Question: Assalamualaikum Wa Rahmatullahi Wa Barakatuhu, my father?s house is in my mother?s name. We Are 2 brothers and 4 sisters. We have married off our sisters with our income, which we earned after working day and night. We also got their deliveries performed. Now we don't have anything to give them. They are demanding their share in the house. As per the Shariah, who will get how much share?
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Answer:
Walaikum As Salaam Wa Rahmatullahi Wa Barakatuhu,
Whatever the brothers have spent on their sisters in marriage and on different occasions is their good treatment of their sisters.
If at the time of spending that money, the brothers had said the amount being spent is a loan, then they can demand the loan back from that person.
Your father gifted the house to your mother and gave its possession to her. Now, she is the absolute owner of the house. If the mother is alive, then there is no need to divide the house. She has the absolute right, she can divide it or not as she chooses. If it is being distributed in her life, then regardless of whether it is a son or a daughter, everyone should receive equal share. If any son or daughter is needy, then he/she can be given more than others as well.
If you are asking about the division of inheritance after the death of the mother, then please clarify who has passed away and who are the heirs, etc. Allah-willing, a full reply will be given.
And Allah Most High knows best.
Mufti Syed Ziauddin Naqshbandi Qadri
[Shaykh ul Fiqh, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]
