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Fatwa CenterDisagreement about her deceased father's financial arrangements before his death
Question
My dad passed away 6 months ago and during his life mother used to always complain from him which has made us resent him but not show it to him and at the same time being respectful and obedient. I now very much regret it and regret not being able to spend as much time with him due to my busy schedule. What shall I do to ask God for forgiveness?
I also have another problem, after Dad died he left an inheritance. First during his life time he had a building which he used to rent to give him a steady income, he offered two apartments to me, two to my brother and two to the other brother, while one remained in his name and the other in his sister's name who is still alive and unmarried. Dad even though he wrote the apartments in our names, he collected all the rent and we knew he made such division to minimize the taxes he had to pay; while also at the same time he used to tell people that he wrote apartments to his children. My dad did not die suddenly, he was ill and most probably he knew he was dying and made no changes to such situation. But right after his death mom asked our aunt to give her the apartment and she did, then now she is asking me to give my two apartments and that the whole building be divided according to Shariah. Also there was money in the bank and Pounds 50,000 of dad's money to be collected from others and not deposited in the bank. Mom collected the 50000 and said that there were some debts that she paid (she did to give account of the debts) and then the 35000 remaining she took saying it was her money because there was an apartment dad bought for her then sold and took the money. Is that correct noting that I need the money and I have debts while my two brothers being males of course took twice? So am I entitled to the apartments and am I entitled to my share in the 50000?
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 is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
If the resentment to your father is because of hating some of his unacceptable behaviour in the Islamic Law, and you did not verbally harm him or act against him, then hating such behaviour is not considered as being undutiful to him. Indeed you did well by treating him well and not expressing signs of resentment to him.
As regards not visiting him, if this is not considered in your customs as cutting relations with him, then there is no harm on you. If he was pleased with you when he passed away, then that is what is required. But now, you have to supplicate to Allaah as much as possible to forgive him and have mercy on him.
The wealth, whether cash money or properties, which your father left behind, is inheritance. The properties that he had registered in your names are not considered as gifts since there is an indication [evidence] that he had done so to avoid paying tax. What your mother is saying about paying debts or that she deserves some of that money has to be proven by her. If she does not provide evidence to prove her claim, the money that she had taken has to be returned to the inheritance.
This is our understanding of the question; however, it is more appropriate to take the matter to an Islamic court of justice. It is more proper for the court to study the matter according to all its religious sides. Moreover, the decision of the judge is more abiding to each party in order to avoid further disputes.
Allaah knows best.
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