10 years ago, when I was 10 years old, he had passed away, and I have
been raised by a single mother. Our financial conditions are worsening
as my education needs are growing. However, my fathers brother had
taken the house unlawfully and has been living in there since my
father's death. Whenever my mother would ask for our house back, he
would threaten to humiliate her and destroy her. Since I had moved to
Canada right after my father's death, I'm not familiar with the laws
and authorities in Pakistan, and since Pakistan is failing to govern
itself, it has poor controls of policing and other enforcement
agencies. Also, since my uncle is a very dangerous person, I am afraid
of what he would do if I go there and try to take my property back. My
question is that, in such dangerous circumstances, am I still obliged
to take my rightful property? And if yes, are there any suggestions on
how I should go about doing so?
Praise be to Allah.
Firstly:
What your uncle has done with this act of transgression – if what you
say is true – is a grave major sin. The inheritance must be given
after the death of the deceased to the legitimate heirs without any
wrongdoing or transgression. Allah, mayHe be exalted, said after
mentioning the shares of inheritance in His Book and after giving each
one who is entitledto a share his rightful share (interpretation of
the meaning):
"These are the limits (set by) Allah (or ordainments as regards laws
of inheritance), andwhosoever obeys Allah and His Messenger (Muhammad
SAW) will be admitted to Gardens under which rivers flow (in
Paradise), to abide therein, and that will be the great success.
And whosoever disobeysAllah and His Messenger (Muhammad SAW), and
transgresses His limits, He will cast him into the Fire, to abide
therein; and he shall have a disgraceful torment."
[an-Nisa' 4:13, 14].
What is meant is: these details about shares of inheritance are the
limits set by Allah, which must be adhered to and not transgressed.
Tafseer as-Sa'di, p. 170.
Your uncle has no right to the inheritance at all, because he is
blocked from inheriting by you. Brothers and sisters do not inherit
anything when there is a child of the deceased.
Undoubtedly the right tothe house is yours, and itis within your
rights to try to get possession of itby all possible means.
But if the situation is as described, that the government's authority
in such cases is weak and you have little support or help, and
youthink it most likely that your uncle is dangerous and that he will
never give you your house except with a great deal of trouble or he
will harm you or your mother, or the like, then you do not have to try
toget it back when the situation is as described. Rather you should be
patient in the hope that Allah will give you relief and a way out, or
until you gain the power to kick him out by the help of Allah. Do not
expose yourself to trouble that you cannot bear; rather delegate the
matter to trustworthy lawyers you can trust to help you by legal
means. If that is notpossible and you give upyour rights for fear of
further harm, there is noblame on you and you do not have to try to
take it back at all.
Imam Muslim narrated inhis Saheeh (201) that Abu Hurayrah (may Allah
be pleased with him) said: A man came to the Messenger of Allah
(blessings and peace of Allah be upon him) and said: O Messenger of
Allah, what do you think if a man comes and wants to take my wealth?
He said: "Do not give him your wealth!" He said: What if he fightsme?
He said: "Fight him back." He said: What if he kills me? He said:
"Then you will be a martyr." He said: What if I kill him? He said: "He
will be in Hell."
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
This is what the fuqaha' call an assailant, who is awrongdoer with no
justification for his wrongdoing. If what he wants is the wealth, it
is permissible to ward him off by any possible means. If he cannot be
warded off except by fighting, then he should be fought, but if one
does not want to fight and gives up some of thewealth, that is
permissible. But if what he wants is to commit animmoral action – such
as if he wants to commit zina with a man's mahram, or he wants to
commit indecent acts with a woman or a slave and the like – then it is
obligatory to protect oneself by any possible means, even by
fighting,and it is not permissible to allow him to do that under any
circumstances. This is different from wealth, which it is permissible
tolet him take, because allowing him to take wealth is permissible
butallowing him to commit indecent acts with oneself or one's mahrams
is not permissible.
End quote from as-Siyaasah ash-Shar'iyyah, 71.
Imam an-Nawawi (may Allah have mercy on him) said: Protecting wealth
is permissible butnot obligatory. With regard to the words of the
Prophet (blessings and peace of Allah be upon him), "Do not give it to
him," what is meantis: you do not have to give it to him; it does
notmean that it is haraam to give it to him.
End quote from Sharh Muslim by an-Nawawi, 11/202
If you lose any of your rights and are not able to get them in this
world, then you have an issue to settle with the one who has wronged
you, and that will benefit you, in sha Allah, on the Day when there
will be neither dirhams nor dinars (i.e., no money or wealth), and
there will only be good deeds and bad deeds.
Al-Bukhaari (2449) narrated that Abu Hurayrah (may Allah be pleased
with him) said: The Messenger of Allah (blessings and peace of Allah
be upon him) said: "Whoever has wronged his brother with regard to his
honour or anything else, let him seek his forgiveness today, before
there will be no dinar and no dirham, and if he has any good deeds to
his credit they will be taken from him in a manner commensurate with
the wrong he did, and if he has no good deeds, thensome of his
counterpart's bad deeds will be taken and added to his burden."
See also the answer to question no. 92650 , in which there is a
discussion on referring for judgement to man-made laws, which is
permissible in order toget back one's rights in cases of necessity. -
And Allah knows best. -
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