Inheritance Division After 50 Years: Can the Share Still Be Claimed?
Taken from: Aḥkām wa Masāʾil – Masāʾil al-Wirāthah, vol.1, p.394
❖ The Question
A man passed away before the creation of Pakistan. At that time, both the state law and Sharīʿah allowed inheritance distribution. However, the deceased’s widow transferred all property to the youngest son. At that time, one son, a daughter, and another child were minors.
Now, more than 50 years later, the son and daughter—who never demanded their inheritance, nor forgave or gifted it away—are asking:
✿ Can we still demand our Sharʿi share from our brother?
✿ Are those who transferred the property solely to one brother sinful?
✿ If they are sinful and have now passed away, is there any way to reduce their burden of sin?
❖ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd:
① Claiming Inheritance After Many Years is Permissible
Allah says:
﴿يُوصِيكُمُ ٱللَّهُ فِيٓ أَوۡلَٰدِكُمۡۖ لِلذَّكَرِ مِثۡلُ حَظِّ ٱلۡأُنثَيَيۡنِۚ﴾
(al-Nisāʾ:11)
“Allah commands you regarding your children: for the male, the share is equal to that of two females.”
Since neither you nor your sister forgave, gifted, or legally relinquished your share, your demand is valid even after fifty years.
② Obligation on the Brother
Allah also says:
﴿لِّلرِّجَالِ نَصِيبٞ مِّمَّا تَرَكَ ٱلۡوَٰلِدَانِ وَٱلۡأَقۡرَبُونَ وَلِلنِّسَآءِ نَصِيبٞ مِّمَّا تَرَكَ ٱلۡوَٰلِدَانِ وَٱلۡأَقۡرَبُونَ مِمَّا قَلَّ مِنۡهُ أَوۡ كَثُرَۚ نَصِيبٗا مَّفۡرُوضٗا﴾
(al-Nisāʾ:7)
“For men is a share from what parents and close relatives leave, and for women is a share from what parents and close relatives leave, whether little or much—a fixed share.”
Thus, it is obligatory on the brother to return your shares. Only in this way can he and the mother (who transferred all to him) be absolved from sin.
③ Reconciliation Removes Sin
Allah says:
﴿فَمَنۡ خَافَ مِن مُّوصٖ جَنَفًا أَوۡ إِثۡمٗا فَأَصۡلَحَ بَيۡنَهُمۡ فَلَآ إِثۡمَ عَلَيۡهِۚ﴾
(al-Baqarah:182)
“But if one fears that the testator has committed an injustice or sin, and reconciles between them, then there is no sin upon him.”
Thus, reconciliation in inheritance is not only valid but praiseworthy.
④ If Sisters Forgive Willingly
If the sisters willingly, without any social pressure, pardon or gift their shares to the brother, then there will be no sin upon him or the mother.
⑤ Regarding the Weak Ḥadīth in Ibn Mājah
The narration:
«مَا كَانَ مِنْ مِيْرَاثٍ قُسِمَ فِي الْجَاهِلِيَّةِ فَهُوَ عَلَىٰ قِسْمَةِ الْجَاهِلِيَّةِ، وَمَا كَانَ مِنْ مِيْرَاثٍ أَدْرَكَهُ الْإِسْلَامُ فَهُوَ عَلَىٰ قِسْمَةِ الْإِسْلَامِ»
(Mishkāt, Bāb al-Farā’iḍ, al-Faṣl al-Thālith)
is weak due to Ibn Luhayʿah, a weak narrator. Even if considered ḥasan li-ghayrih, it does not apply here since the inheritance occurred in Islam, and thus must be distributed according to Sharīʿah, not man-made laws.
Therefore, transferring the daughters’ share to one brother was invalid and sinful, regardless of state law.
⑥ The Path of Correction
✿ The rightful shares must now be given to the sisters.
✿ Or the sisters, if they so choose, may willingly gift or forgive them.
Either way, this is the only Sharʿi path to remove the sin and restore justice.
✅ Conclusion:
- Yes, even after fifty years, the sisters can demand their shares.
- The mother and those who deprived them committed sin by violating Sharʿi inheritance.
- The only way to rectify this is by restoring the rightful shares or by the sisters’ free pardon.
ھذا ما عندي، والله أعلم بالصواب
