Q&A: A Gift and a Will Dispute (2)

Q. A counsellor states that I, the sister, do not inherit from my sister because according to English and Islamic law only a spouse or children can inherit. My sister’s husband, children, big sister, mother and father were deceased at the time my sister made the will for the institution. I was the only sister left, that’s why my sister changed her mind to give me the house as a gift before her death. The counsellor states that the letter which I received from The Jamiat is only a fatwa and he says because my sister gave the house to the institution, she could not take it back and give it to me.

A. We have clarified the position of the Shariah with regard to the house your sister gifted you, in our previous letter. The counsellor’s statement that our response is “only a fatwa,” is tantamount to rejection of a Shar’i injunction and borders on kufr. Indoctrination in kufr laws of the west has blinded this counsellor to the Law of Allah Ta’ala.

We have no coercive power in the matter. At best we can point out the Law of the Shariah. Those who choose to be blind to a Shar’i Fatwa do so with grave consequences for their Aakhirah. May Allah Ta’ala soften their hearts to your plight.