I am often deluged with various questions from people seeking legal pronouncements, and from amongst them, I was asked concerning the permissibility of denying one’s offspring inheritance due to their disobedience and disregard for their parents at times of dire need and attention. Would it then be permissible to redistribute their share to those offspring who actually took care of the parents?
‘And your Lord has decreed that you worship none but Him. And that you be dutiful to your parents. If one of them or both of them attain old age in your life, say not to them a word of disrespect, nor shout at them but address them in terms of honour.’
“And whosoever disobeys Allah and His Messenger and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.”
‘Allah has given each person who has rights his rights, and there is no bequest for an heir.’
‘A man might perform the actions of righteous people for seventy years, but when it is time to compile his will, he commits injustice. So his final work will be his worst, and thus he enters the Fire. A man might perform the deeds of evil people for seventy years, yet he is fair in his will. So his final work will be his best, and he thus enters Paradise.’
Abū Hurairah then said, “Read (if you will): ‘And whosoever disobeys Allah and His Messenger (Muhammad SAW), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.’”
‘A man or a woman might perform actions in obedience to Allah for sixty years. Yet, when they are near death, they leave an unfair will and thus acquire the Fire.’
‘…after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused.’
‘Allah has appointed for everyone who has a right what is due to him and no bequest must be made to an heir.’
‘And eat up not one another’s property unjustly (in any illegal way e.g. stealing, robbing, deceiving, etc), nor give bribery to the rulers (judges before presenting your cases) that you may knowingly eat up a part of the property of others sinfully.’
‘It is not for a believer, man or woman, when Allah and His Messenger have decreed a matter that they should have any opinion in their decision. And whoever disobeys Allah and His Messenger has indeed strayed into a plain error.’
Dr. Haitham al-Haddad is a jurist and serves as a judge for the Islamic Council of Europe. He has studied the Islamic sciences for over 20 years under the tutelage of renowned scholars such as the late Grand Mufti of Saudi Arabia as well as the retired Head of the Kingdom’s Higher Judiciary Council. He specialises in many of the Islamic sciences and submitted his doctoral thesis on Islamic jurisprudence concerning Muslim minorities. Shaikh Haitham is highly respected having specialised knowledge in the field of fiqh, usul al-fiqh, maqasid al-shari’ah, ulum al-Qur’an, tafsir, aqidah, and fiqh al-hadith. He provides complex theories which address the role of Islamic jurisprudence within a western environment whilst also critically re-analysing the approach of Islamic jurists in forming legal rulings (ifta’) within a western socio-political context. He has many well known students most of whom are active in dawah and teaching in the West. The shaikh is an Islamic jurist (faqih) and as such is qualified to deliver verdicts as a judge under Islamic law, a role he undertakes at the Islamic Council of Europe as Islamic judge and treasurer. Dr Haitham al-Haddad also sits on various the boards of advisors for Islamic organisations, mainly in the United Kingdom but also around the world.