Darul Ifta Kauzariyya

Fatwa about Inheritance law of the wife, indeath of Husbandwith three brothers and three sisters.

Qu-Id: Q0355
Madhab: Hanafi
Date: 01-01-1970
Question:
With Due Respect I xxxxxx W/o Late xxxx xxxx xxxx from xxxxx. i would like to introduce myself first that i got married with xxxx xxxx xxxx 3 years before and due to Covid he passed away 3.5 months before, I don't have any children. And Right now i do have some questions As I want to know the how things will get distributed between all stakeholders according to Sharia My Husband Passed away 3 months before and he do have 3 brothers and 3 sisters. i would like to tell all sister are married and settled. My husbands elder brother is doing job internationally and else are settled locally. My Husband do have Britannia Agency in Amroha from last 25 years and this is the only source of income. I do have some questions and wants answers accordingly.
    According to Islamic Law how the inputs used in business like transportation vehicle, crates etc.,property will get distributed according to Islamic Law? He do have Credit around 12 lakh After my husband passed away his elder brother looking after his business and I don't have any other source of income, his brother didn't gave me a single rupee after my husband passed away.As my husband was the sole owner of this company and according to company rules wife will get the distribution rights as it's not permitted to transfer distribution ship My husbands brother wants to run this business themselves. So please provide us the best possible answer under islamic law as I don't want to commit any sin of haq talfi as all of us has to face Almighty Allah on the day of judgement

Answer:
بسم الله الرحمن الرحيم
الجواب وبالله التوفيق والنجاح

1. The inherited property should be distributed to the all heirs on the basis of the value of all property included vehicles and companies goodwill. As mentioned in the question, hence he didn't have children, wife will get 25% of the total property that his husband had. 

2. The property will be distributed among the heirs after completing his debit of Rs. 12lakhs. 

3. As mentioned earlier, the brother have to give the value of one-fourth of the share to her soon as he can. Otherwise they run the company together with a wife's one-fourth share. 

4. Anyone of the heirs can run the company on his own with mutual understanding and after paying the share value of inherited property to other heirs. Or they all can run the company together. It is absolutely haraam to earn undeservedly without giving anything to others heirs.

والله أعلم بالصواب
Written by: Mohammad Arshad Najmi | Student Darul Ifta
Checked & Approved by: Mufti Rajeeb Al Qasimi
Published by: Mufti Rajeeb Al Qasimi