View Full Version : hey im new, i have a question,need urgent reply!
ali salman
04-14-2013, 08:11 AM
hi im ali salman from pakistan, i have a query to make about shariah law...
im 23 and now im involved in a inheritance dilemma, let me give you a basic history..
my father passed away when i was 4 years old, he left behind shares in our family owned company and joint family property,but now my uncles are saying that i cannot inherit those share's or the property because shariah law say's i was a minor (4 yrs old) when my father died and all the share's and property goes to them (my uncles)...
is this true? does what my father had after he died, instead of given to me goes to them?
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sister herb
04-14-2013, 08:27 AM
Salam alaykum
Welcome to forum.
I recommend that you contact to local imam and ask him about sharia laws.
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Periwinkle18
04-14-2013, 08:31 AM
Assalam o alikum
:welcome: to the forum :)
i guess sis harb is right your imam will be able to tell you the laws of inheritence i hav studied about it but don't remember much thats the reason y im not saying anything. But i hav a feeling everything does not go to ur uncles its best to ask someone (a scholar)
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sister herb
04-14-2013, 08:33 AM
format_quote Originally Posted by
Periwinkle18
Assalam o alikum
:welcome: to the forum :)
i guess sis harb is right your imam will be able to tell you the laws of inheritence i hav studied about it but don't remember much thats the reason y im not saying anything. But i hav a feeling everything does not go to ur uncles its best to ask someone (a scholar)
Actually I had similar idea too. but as I am not a scholar, you better ask it from someone who is.
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Periwinkle18
04-14-2013, 08:39 AM
Bhai app tou pakistan may rehtay hain you can ask anyone. Quran may sab kay shares kay baray may likha hai magar acha hai agar app kisi alim say poochain kyun kay wo app ko warasat bantnay ka saheh tareeka batain gay. Yahaan par kio alim nai hai agar kio app ko batai ga tou wo kuch apnay opinions dey day ga aur net say thorri research ker kay bata day ga. So plz do what sis harb suggested.
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ali salman
04-14-2013, 09:06 AM
hey thanks for your replies, the thing is i was holding it back,but i did ask a alim's,they are divided, one said, i dont get anything and my uncles are right but the other said that i do get everything that my father had, so thats why i decided to ask on a forum...
if i go to the court of law, will the judge favor me or my uncles version of shariah law?
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ali salman
04-14-2013, 09:07 AM
arnt there any alim's here on this forum?
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sister herb
04-14-2013, 09:10 AM
format_quote Originally Posted by
ali salman
if i go to the court of law, will the judge favor me or my uncles version of shariah law?
Salam alaykum
Nobody can´t know what judge will decide. You just need to ask it from him.
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ali salman
04-14-2013, 09:20 AM
format_quote Originally Posted by
sister harb
Salam alaykum
Nobody can´t know what judge will decide. You just need to ask it from him.
sister if this law that my uncles say is true than no matter what i do,the courts decision will go against me, thats why im asking if there is a senior scholar on shariah law in this forum...
if my uncles version is true than i wont take them to court because my money and time will be wasted even more,...
im just suprised that in islam just because my father died when i was young gives the right to take everything away from me..
i just hope this is not the case and i will get everything that my father had..
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sister herb
04-14-2013, 09:45 AM
Salam alaykum
Even if here forum would have senior scholar of sharia law, he can´t change the decision of judge in your country. Did your father leave any kind of paper before his death like what he wanted to do to his property after his death? Didn´t his part of the company shared to relatives at that time?
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ali salman
04-14-2013, 09:50 AM
format_quote Originally Posted by
sister harb
Did your father leave any kind of paper before his death like what he wanted to do to his property after his death? Didn´t his part of the company shared to relatives at that time?
yes sister he did, he cleary stated in his will that he wanted me and by older brother to be the benificeries of his wealth and property but my uncles refute that, and say this is pakistan and only shariah law is accepted and not english law or some kind of will...
i do have that paper but im not proceeding further till i fully understand what the shariah law says, my uncle said that the court will rule in favour of him and not me regardless what the will says..
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sister herb
04-14-2013, 10:13 AM
Salam alaykum
So then you better ask the judge.
By the way, this is just section of introduce. Could mods move this kind of topic to suitable place?
:embarrass
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ali salman
04-14-2013, 11:27 AM
format_quote Originally Posted by
sister harb
By the way, this is just section of introduce. Could mods move this kind of topic to suitable place?
yes i know, but i couldnt make any thread, it said i do not have permission, when you join this forum the only thread you can make is the introduction thread.
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ali salman
04-14-2013, 11:28 AM
waiting for more replies to my query, thanks.
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sister herb
04-14-2013, 11:33 AM
format_quote Originally Posted by
ali salman
yes i know, but i couldnt make any thread, it said i do not have permission, when you join this forum the only thread you can make is the introduction thread.
After your post in intruduce section, you can now post to other sections too. Read the rules - there is information about this.
http://www.islamicboard.com/introduc...e-posting.html Reply
YusufNoor
04-14-2013, 12:17 PM
format_quote Originally Posted by
ali salman
arnt there any alim's here on this forum?
not here. i suspect those that tell you that you get zip are lying little thieves. but you never get "everything", either.
here's an email address for Mufti Ismail Musa of Zimbabwe. his family originates in Asia and i believe that he is Hanafi, though he teaches Shafai'i in Africa.
tell him your Mudhab and explain your situation.
muftimenk@gmail.com
he's a genius and gifted man, he will know the answer.
May Allah make it easy on you.
ma salaama
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Iceee
04-14-2013, 12:30 PM
Salaam.
I recommend you talk to a local Imam, one whom you can talk to face to face. Why?
format_quote Originally Posted by
ali salman
my father passed away
When someone passes away, the only way to talk to that person is when you can see them eye-to-eye. EVen though you were only four years old, it's best not to talk to someone like us who you don't know nor can we see how you react to the answer we shall provide for you.
So Inshallah you copy what you have written on this thread and your other posts on a piece of paper, and go to the local Imam or the closest Masjid and talk to the Imam or person in charge there.
For example, if we tell you or even someone online tells you that:
format_quote Originally Posted by
ali salman
he left behind shares in our family owned company and joint family property,but now my uncles are saying that i cannot inherit those share's or the property because shariah law say's i was a minor (4 yrs old) when my father died and all the share's and property goes to them (my uncles)...
If we agree to this, anger may unfold like it does for a lot of friends who I know whos parents have passed away and the property doesn't go to children. By talking face to face, you see the emotional reaction and the Imam can help and console you through this time Inshallah.
Make du'a for your father, I'm sure he would have been a happy man seeing you.
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YusufNoor
04-14-2013, 01:10 PM
:sl:
And give to the orphans their properties and do not substitute the defective [of your own] for the good [of theirs]. And do not consume their properties into your own. Indeed, that is ever a great sin.
Indeed, those who devour the property of orphans unjustly are only consuming into their bellies fire. And they will be burned in a Blaze.
IF, orphans weren't entitled to ANY wealth, how could you devour it? all from An Nisa, by the way.
HOWEVER, if their claim is that you must wait until a certain age. they may have justice on their side
And test the orphans [in their abilities] until they reach marriageable age. Then if you perceive in them sound judgement, release their property to them. And do not consume it excessively and quickly, [anticipating] that they will grow up. And whoever, [when acting as guardian], is self-sufficient should refrain [from taking a fee]; and whoever is poor - let him take according to what is acceptable. Then when you release their property to them, bring witnesses upon them. And sufficient is Allah as Accountant.
you seek Shariah Law, NOT "Paki-Law" ( i apologize if that is offensive, it's just meant to be descriptive)
just a little background for you.
ma salaama
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sister herb
04-14-2013, 01:36 PM
Salam alaykum
That I was thinking... does court in Pakistan use sharia law or law of Pakistan?
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tigerkhan
04-15-2013, 12:52 AM
:sl:
which part of Pakistan you live? honestly i am not seeing its only the matter of fatwa. even court give decision in ur right but it will be difficult to get ur share from ur uncle unless he has fair intention (which doesn't seems). U are still very younger and un-experienced and u don't know how to handle it in wise way. so my opinion, be very careful and don't be rush unless you have some ground to take stand. discuss the matter with ur some other family member confidentially who r more sincere to you so that when time came they can force ur uncle to give your share. bcz i am aware of law and order situation in Pakistan and i suspect it cant help you much unless u have some power to stand for ur right, which atm you dont have. so wait and make some ground first to fight for ur case.
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tigerkhan
04-15-2013, 12:57 AM
format_quote Originally Posted by
sister harb
Salam alaykum
That I was thinking... does court in Pakistan use sharia law or law of Pakistan?
the people use their own law, count use their law... so basically no law and order. its very complicated system and tons of shortcoming. one of which is police which present the case in court with false evidences for someone who give them bribe..so even if courts are sincere they are hardly in position to give right decision. Reply
islamica
04-15-2013, 02:30 AM
Don't go to your local imam, over there the average local imam is not that well versed in the religion. You have access to good alims being in a Muslim country, inshallah visit one of them and talk to them. It's best to talk to someone (in person or on the phone) than online so they can ask questions and talk to you before they can give you a proper answer relevant to your situation.
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