Is it allowed for sisters to waive their share of inheritance?


Is it allowed for sisters to waive their share of inheritance?

Question: What do the scholars of Islam regarding the following matter: Our father left half a house as inheritance. We are two brothers and four sisters. Our sisters have "forgiven" (waived) their share of the inheritance for us. In this case, will the sisters' share cease or not?[1]

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: The right of heirs to inheritance is fixed by Allah Almighty. A person’s share is not cancelled simply by them saying they "leave it," "step away from it," or "forgive it." However, it can happen in this way: the brothers, with mutual agreement, give their sisters some money as a settlement in exchange for their share. It does not matter if this amount is less or more than the value of their actual share. If the sisters accept this, the money will become the replacement for their share, and their right to the house will end.

Furthermore, if the sisters do not want to take anything and want to give the inheritance to their brothers, they can do the following: first, they should divide the house and take possession of their share. After that, they can give it as a gift to whichever brother they choose. Another way is to sell their share to the brothers at a fixed price before taking possession of it and then waive the owed amount.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صلَّی اللّٰہُ تعالٰی علیہِ واٰلہٖ وسلَّم

Answered by: Abu Saeed Muhammad Naveed Raza al-Attari

Verified by: Muhammad Fuzail Raza al-Attari

To what extent can a woman adorn herself?

Question: What do the scholars of Islam say regarding the following matters: (1) Is it allowed for a woman to cut her hair, sometimes below the shoulders and sometimes above the shoulders, only to look beautiful for her husband? (2) To what extent is a woman allowed to wear makeup for her husband? (3) How much adornment is allowed for an unmarried young woman?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: (1) It is not allowed and it is haram to cut the hair above the shoulders because this is imitating men. If the husband is happy with this, he is also a sinner. However, there is no harm in trimming the ends of the hair below the shoulders.

(2) It is permissible and recommended (mustaabb) for a woman to adorn herself for her husband, as long as she uses halal things within the limits of Shariah. Imam Amad Riā Khan رَحْمَةُ الـلّٰـهِ عَـلَيْه states: "For a woman to wear jewellery and adorn herself for her husband brings a great reward. In her case, it is better than offering nafl (voluntary) prayers. Some pious women, who were saints themselves and whose husbands were also saints, would dress up completely like a bride every night after the Ishāʾ prayer and go to their husbands. If the husband needed them, they would stay. Otherwise, they would take off the jewellery and clothes, spread the prayer mat, and busy themselves in prayer. Decorating a bride is an ancient Sunnah and is proven by many aādīth."[2]

(3) An unmarried girl can also use makeup and similar things made from halal items within the limits of Shariah. Imam Amad Riā Khan رَحْمَةُ الـلّٰـهِ عَـلَيْه states: "In fact, it is a Sunnah to keep unmarried girls adorned with jewellery and good clothes so that they receive marriage proposals. It is disliked (makrūh) for a woman to stay completely without jewellery when she has the means, as this is imitating men." Sayyidatunā Āˈishah al-iddīqah رَضِیَ اللّٰهُ عَنْهَا used to consider it disliked for a woman to pray without jewellery. She used to say that if she has nothing else, she should at least tie a thread around her neck.[3]

Note: It is not permissible for women to trim or shape their eyebrows.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صلَّی اللّٰہُ تعالٰی علیہِ واٰلہٖ وسلَّم

Answered by: Abu Ahmad Muhammad Anas Raza Attari

Verified by: Muhammad Hashim Khan al-Attari al-Madani

A Muslim woman getting a check-up from a non-Muslim woman:

Question: What do the scholars of Islam say regarding the following matter: In the UK, when a woman is in labour, the doctor for the delivery is usually a non-Muslim woman. In these circumstances, can a Muslim woman reveal her body to a non-Muslim female doctor?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: In the situation mentioned, it is not allowed for a Muslim woman to have a delivery performed by a non-Muslim woman or to expose her private region (satr) before her. This is because a Muslim woman must observe the same veil from a non-Muslim woman as she does from a strange man. This means the parts of the body that are not allowed to be exposed before a strange man are also not allowed to be exposed before a non-Muslim woman.

However, if there is a real emergency and a Muslim midwife is not available, then in a state of extreme necessity, the services of a non-Muslim woman can be taken.

Muslims living in such countries should plan ahead and keep hospitals in mind where Muslim lady doctors, nurses, and midwives are available. This is so that they can go to such hospitals immediately when needed and do not have to show their private parts to a non-Muslim.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صلَّی اللّٰہُ تعالٰی علیہِ واٰلہٖ وسلَّم

Answered by: Muhammad Sajid al-Attari al-Madani

Verified by: Muhammad Hashim Khan al-Attari al-Madani



[1] Questioner: Fayyaz-ur-Rahman, Hyderabad

[2] Al-Fatāwā al-Riawiyyah, vol. 22, p. 126

[3] Al-Fatāwā al-Riawiyyah, vol. 22, p. 128


Share