since the demise of the father.Do we have to calculate the share based
upon the value at the time of demise of the father or ithas to be
calculated based upon the present value?
Praise be to Allah.
Firstly:
It is obligatory to give each person who is entitled his share of the
inheritance in accordance with the laws of Allah regarding division of
the estate. Ownership of the estate passes to the heirs as soon as the
deceased dies. It says in al-Mawsoo'ah al-Fiqhiyyah (24/76):
Thefuqaha' are unanimouslyagreed that the estate passes to the heirs,
if there are no debts connected to it, from themoment the deceased
dies. End quote.
Ibn 'Uthaymeen (may Allah have mercy on him) said:
The wealth passes to the heirs after the death of the deceased.
End quote from Fataawa Noor 'ala ad-Darb, 12/360
Secondly:
If the daughters of the deceased were prevented from obtaining their
rightful share of the inheritance throughout this time, if the estate
includes cash, they should take their share of the money as the
deceased left it, unless the one who kept the money used it to do
business with it or invested it, in which casethey are entitled to
take their share of the profits on that money, commensurate with their
shares of the inheritance.
If the estate was property or land, then they should take their share
of that, according to the shares allocated insharee'ah. If it is not
possible to divide it among all the heirs, and they need to sell it,
or some of the heirs need to sell any of their shares, then they may
take their share on the basis of the current price, even if it is
greaterthan its price on the day it was usurped, or if it grew or
developed, as inthe case of livestock, crops and the like, regardless
of whether that growth is connected to the original property or not.
Shaykh Zakariyya al-Ansaari (may Allah have mercy on him) said:
The transgressor is responsible for the original property and whatever
results from it of additional entities, such as offspring and crops,
because he seized the original property unlawfully.
End quote from Asna al-Mataalib, 2/340
If any part of it has been damaged or destroyed, such as if there has
beenany depreciation in its value since the time when it was usurped,
then the usurper must give those who have a rightful share what they
are entitled to, along with compensation for the depreciation in its
value.
Al-Husni (may Allah have mercy on him) said: It should be noted that
justas it is obligatory to return the usurped property, it is also
obligatory to give compensation for any depreciation in value; it
makes no difference whether it was partially damaged or completely
destroyed.
An example of depreciation in value is if the usurper confiscated a
plump animal, which then became lean, then grew fat again. He has to
return it along with compensation for the first loss of fatness,
because the second timeit grew fat is something else altogether. And
analogies may be drawnfrom this.
An example of complete destruction or loss is if the usurper
confiscated a pair of slippers worth ten dirhams, then lost one of
them, and the value of the remaining slipper is two dirhams. In this
case he is liable for the value of the lost slipper, which is five
dirhams, as well as compensation for the depreciation in value of the
remaining slipper, which is three dirhams, so he is liable for eight
dirhams, because the depreciation in value of one of them resulted
from the loss of the other.
End quote from Kifaayat al-Akhyaar, 1/283. See also Asna al-Mataalib,
2/344; Mataalib Ooli an-Nuha, 4/10ff.
Under the same heading of loss of value due to damage or complete
destruction we may include a drop in the price or value of the item
because of a drop in its marketability compared to the day on which it
was seized; the usurper is also liable for that according to the
correct opinion.
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said:
This usurper kept the item away from its rightful owner until its
price dropped, so he is a wrongdoer. The drop in price is in fact a
kind of damage, because the price reflects the value of the item.
Hence the correct view is that if theprice drops, then the usurper is
liable for the depreciation in value. Sowe say that he must return the
item to its rightful owner, along with compensation for the
depreciation in its value.
End quote from ash-Sharh al-Mumti', 10/163. See also Kifaayatal-Akhyaar, 1/283
What the one who has committed any of these wrong actions, or usurped
the rights of others, or delayed it in such a way that it causedhim
harm or made him miss out on making profits, must do is returnit to
its rightful owner and repent to Allah, may He be exalted, from that
sin.
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
(the Day when) there will be no dinars or dirhams, and ifhe has any
good deeds to his credit, they will betaken from him commensurate with
the wrong that he did, and if he does not have any good deeds to his
credit,bad deeds will be taken from his companion (i.e.,the one whom
he wronged) and added to his burden."And Allah knows best. - -
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