Islamic Ruling on Inheritance and Unjust Distribution
Question
Assalam o Alaikum Mufti Sahib, I seek guidance in the light of Shariah regarding an issue about my family inheritance. The situation is as follows: My father had 5 children (3 sons and 2 daughters). During his lifetime, he gifted a 10-marla plot to his eldest daughter, but he did not transfer or register it in her name. Instead, it remained in my father’s name. However, the documents of the plot were in my elder sister’s possession. Then my father passed away. After his death: • The gifted plot and a factory were still in my father’s name. • One house was in my mother’s name. My mother, for the upbringing of the two younger brothers, had me sign the documents of my father’s factory/property, and due to compulsion, I gave up my share. Later, because of my poor financial situation, I requested my mother: • to divide the house among the three brothers, and • to divide the plot that was given to the elder sister between us two sisters. But this did not happen. Instead, the two brothers convinced my mother and transferred the house into their own names as well. Now they say that the eldest brother is disobedient, so he will not get a share, and I (the sister) am also being denied any share. My questions are: 1. The plot that my father gifted but did not transfer—will it be considered a gift or part of the inheritance? 2. According to Shariah, what is my rightful share? 3. Was I entitled to a share? 4. If I have been treated unjustly and denied my share, what is the Islamic ruling on this? Kindly guide me in the light of the Qur’an and Sunnah. JazakAllah Khair
Islamic Ruling & Answer
VerifiedWalekum assalam,
1. The plot that my father gifted but did not transfer — gift or inheritance?
Hadees :
لَا تَتِمُّ الْهِبَةُ إِلَّا بِالْقَبْضِ
Answer:
In Shariah, a gift (Hibah) is valid only if possession (Qabzah) is given during the giver’s lifetime.
Since the plot remained in your father’s name and ownership was not transferred, it is not a valid gift.
Therefore, it will be treated as inheritance after his death.
Reference:
Sunan al-Bayhaqi, (6/169)
Al-Hidayah, Kitab al-Hibah
Fatawa Hindiyyah, (vol. 4)
2. According to Shariah, what is my rightful share?
Quran :
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ
Answer:
As a daughter, you are a legal heir.
When sons and daughters are present, each son receives double the share of a daughter.
You must receive your fixed Islamic share from all inherited property.
Reference:
Surah An-Nisa 4:11
Q3. Was I entitled to a share even if I signed away my rights under pressure?
Hadees :
إِنَّ اللَّهَ وَضَعَ عَنْ أُمَّتِي الْخَطَأَ وَالنِّسْيَانَ وَمَا اسْتُكْرِهُوا عَلَيْهِ
Answer:
Yes. Any consent or signature taken under pressure or compulsion is invalid in Shariah.
Your right of inheritance does not end because of forced consent.
Reference:
Sunan Ibn Majah, (2045)
Fatawa Alamgiri, (Vol. 3)
Q4. If I was denied my share, what is the Islamic ruling?
Quran :
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ
Hadees:
مَنْ أَخَذَ شِبْرًا مِنَ الْأَرْضِ ظُلْمًا طُوِّقَهُ اللَّهُ إِيَّاهُ يَوْمَ الْقِيَامَةِ مِنْ سَبْعِ أَرَضِينَ
Answer:
Denying a woman her inheritance is a major sin and a form of zulm (oppression).
Such wealth is haram, and severe punishment is mentioned in the Qur’an and Sunnah.
References:
Surah An-Nisa 4:29
Sahih al-Bukhari 2454
Sahih Muslim 1610
Advice:
This matter must be corrected, and if needed, it should be taken to a reliable Darul Ifta or Shariah court.
JAZAKALLAH
Answered by
Mufti Tosif Qasmi
February 01, 2026