Having an inheritance issue, need brotherly advice

[michaelkane]

Dear Friend,

Aasalam-o-Alaykum,

The issue relates my father who is the eldest and his youngest brother. Few years ago our grandfather passed away and my father submitted sharia document mutually agreed by everyone in the local court so all brothers and sisters receive their share according to the law. This is already done and all brothers/sisters received their share according to this law, except for the youngest brother.

The issue arose when my father refused to give share funds to the only youngest brother. The reason he is stating is, my father provided all facilities and fundings to this brother when he was quite young (era of 1060s,1970s,1980s) for Medical studies and for many other reasons and now when my father is very old above 75+ years, the youngest brother didn't bother to reach out for help in decades, which is true. He visited once or twice my father in last 15 years, he is a Doctor, living in the US for last 15-20 years and never bothered to reach out to eldest brother except for a few phone conversations on the inheritance.

In last 5 years when my father was trying to sell the house following Sharia law (owned by grandfather) after mutual agreement with all brothers/sisters, my father didn't have funds to process local court fee and asked youngest brother to help and said youngest brother will get all back with this share from inheritance, but even that didn't happen and youngest brother refused.

My father then somehow managed to get the processing done of the inheritance (asked lawyer to fund processing and gave his fees later from inheritance liquidity) and he was quite disappointed on the youngest brother. Once the inheritance processing was completed, we surprisingly heard news the youngest brother has arrived from US "from our relatives" and he started calling my father on his cell without personally meeting once after he arrived. My father refused to speak with him (being disappointed) and now decided to Not give him anything from the share, whereas all other brothers and sisters received without any complain according to Sharia law.

Now youngest brother still in the US, is threatening to sue my father.

How can this be sorted?
What my father should have done?
If my father is right in his own ways, how can we ease this situation?

[ardianto]

Waalaikumsalam warahmatullahi wabarakatuh.

On the issue of inheritance, every heir is entitled to his/her share in accordance to Islamic law. No one is allowed to hold (not give) what becomes the rights of other heirs. In another side, an heir is allowed to give what becomes his/her right to other heirs through grant on the basis of willingness.

For example, if there are two heirs were entitled to inherit, then they must have their share. But if one decided to give his/her share to the another, it's allowed, as long as based on willingness.

Back to the case. Is your father right in his own way?. No!. He holds (not give) what become the right of your uncle. It's wrong according to Islamic law.

If your father really need that heritage, what he should do is ask your uncle to give his share to your father based on willingness. Remember, based on your uncle willingness. If your uncle was not willing to give his share, then your father was not allowed to hold your uncle share.

Regarding to your father's reason to hold your uncle share because your father had helped your uncle study fund.

In helping someone we should not expect reciprocation. This what my father has taught me. When my father was alive he helped study fund for few poor relatives. Now they have become successful persons. One of them even a professor now. But me and my siblings never ask reciprocation for what my father had done for them.