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Fatwa CenterHis brother refuses to divide his deceased father’s property among them
Question
Salam O Alaikum Dear Brother i like to thanks and appreciate urs efforts for guiding muslims and showing them the rite path of islam.... i have two questions one is it permissionalbe for muslim country to built a church as there was not church before? second my brother took all properties charges after my father death and not agree to devide according to sharia and sunnah of Prophet Mohammad PBUH.... even he is enjoying the rent coming from property and he was giving some money to my mother for her montly expenses now he stoped the her income also he is not helpful and understandable brother that is y we all keep just salam wid him v treid all options but only Allah can show him rite way may Allah mercy on him..... regarding the mother issue if he doest not restart giving her expenses to her it is permissionable for us to stop talking and dealing wid him and cut social activities our neeath intention is just to make him realize the truth and insist him to fear of Allah and make him that wat he is doig it is wrong specialy wid our mother....kindly quide me Jazakullah Khair
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If it is true that your brother refuses to divide the inheritance of your father and give everyone his right, then he is absolutely wrong and unjust.
Therefore, we first advise you to be patient with him and supplicate Allaah to guide him. You should continue to advice him in a soft and nice manner and seek the help of those who may influence him.
Then, if he still refuses to divide the inheritance amongst you, you may threaten him to take the matter to the authorities, and it is permissible for you to sue him if you wish to do so.
As regards deserting him, then this is something permissible in such cases, but if you predominantly think that this will not achieve any benefit, or cause greater harm, then it is better not to desert him.
For more benefit, please refer to Fataawa 86772 and 84390.
As regards your mother, if she is poor, or has money but she is prevented from it, then it is her well-off children –whether males or females –who are obliged to spend on her.
Allaah Knows best.
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