Title: My Brother Plans to Usurp My Father's Wealth Question: My father has died and left behind my mother and an unmarried sister ,who are living in my fathers house . They have no other accomodation (they are living in England ) my brother who has not helped my parents in any way during the 12 and a half years my father was ill and paralysed has asked for his share. He has always abused and ill treated my parents and never given them any support during the extremely difficult times they faced. Despite knowing how ill my parents were and totally helpless he never even used to telephone and ask about them. Now after 12 days of my fathers death he has demanded his share of the house .he doesnt seem to care about my mother or my sister. My father has left a will leaving the house to my mother until her death and then for it to be divided according to islamic law amongst his children. what can we do because if we give my brother his share now, my mother and sister will end up on the streets. Surely islam does not allow that. my sisters and I have given up our share to our mother. What should we do as some one has said that if the inheritance is not settled my father will be punished. Answer: The will of your father must be respected. He has asked that the house be given to your mother until her death. This means the property cannot be divided up until after the will takes effect. When your mother passes on to meet with the Almighty the legal proceedings can take place as your father has requested in his will. Your brother has no legal right to his share because your father's wishes have to be fulfilled. Thus, the answer is clear that the house cannot be given to anyone except the rightful owner - your mother. When she no longer occupies the house due to her parting this world then the house can be divided as your father has requested. It seems that your brother's contention is that your father has disobeyed the Shari'ah (Islamic Law) in regards to his will and, therefore, will be punished. However, your father has not done anything against the Shari'ah because the Qur'an stipulates that a person has the right to formulate any will he or she pleases, whatsoever. In other words, a will can seem "unjust," sometimes depending on the perspective of the person, yet it is clear that a person may do as they please with what they own. This fact cannot be ignored. A person will not be punished unless there was an element of mala fide (bad faith), which only the Almighty would know. Nevertheless, there seems to be not an iota of mala fide in the will; rather, it seems that your father has been benevolent and had enough foresight to take care of what is important. The will must be executed in letter and spirit. It is so ironic, however, that the brother is not concerned about his own position in the hereafter, but sees his father's punishment, if he, in his own eyes, is wronged of a few pennies. I hope I have clarified the issue. God knows best. Ronnie Hassan January 21, 2007