sallam alykom wa rahmat allah wa barakateh ... dear shaikh i want to ask you about inheritance , my father passed away when i was a little girl and now im a married women , my father had lots of land that are worth a great amount of money , my mother is the one who is taking care of that land since she lives in that area , dont get me wrong by saying this my mother is a great women who raised 3 little kids all by her self and love her to death but...me and my husband where in a tight financial situation and my husband has a lower back disc and cant work with lifting and physical stuff but he has a BA in business and hes studying for his MBA so when i asked my mother to sell a small part of the land so we can maintain a basic halal life my mother rejected it and said that my husband is playing with my mind to sell and give it to his family and got extremely mad at me but my husband said forget about it and that allah would not let us down which is true alhamdullelah , but what makes me mad is that when my brother wanted to get married she sold some land of his and spent $50,000 or more, what should i do , should i stand up to my mother but i know it will make her sad or what? i need your help to do the right thing please.
It is unfortunate that the laws of Islam were neglected with regard to the heritage of your late father. Islam imposes immediate distribution of deceased's wealth among the rightful heirs. You are absolutely among the rightful heirs to your late father's wealth. The wealth should have been distributed in a timely manner after the passing away of your father. You should inform your mother in a polite manner that the inheritance distribution is long past due and it must be distributed. Otherwise we will be presenting ourselves for the wrath of Allah for ignoring His commands. All the rightful heirs should receive their share of inheritance in all of the wealth left behind by your late father.
You should continue to bring this issue to your mother's attention and your siblings should also bring the importance of this issue to your mother's attention. It is not about money. It is more about the laws of Allah.
And Allah knows best.
Mufti Ikram ul Haq
Fatwa Center of America