Usurping the rights of orphans

Question

If a woman has children and the children’s father passed away, and the woman’s parents want to give the orphan grandchildren’s property to the woman’s brother, then do they have the right to do so? If not, then what should the woman do? Should she fight her parents and brother to take her children’s money and property back or should she ignore it and leave if for the Day of Judgement?

Mufti Zakaria Makada · Accepted Answer

It is haraam for them to take the inheritance of the children and give it to somebody else. Consuming the wealth of the orphans unjustly is a grave sin. Severe warnings have been sounded in the Quraan and hadith in regard to usurping the wealth of orphans.

Allah Ta'ala says in the Quraan Majeed:

Those who consume the wealth of the orphans unjustly are consuming within their bellies the fire of Jahannum.

In the mubaarak hadith, Rasulullah (sallallahu alaihi wasallam) has said:

I warn you in regard to (unjustly taking) the wealth of two weak people, orphans and women.

In another hadith, Rasulullah (sallallahu alaihi wasallam) said, "Refrain from seven destructive (major) sins." The Sahaabah (radhiyallahu ‘anhum) asked, “O Rasulullah (sallallahu ‘alaihi wasallam), what are the seven destructive sins?” Rasulullah (sallallahu ‘alaihi wasallam) replied, “Ascribing partners with Allah Ta‘ala, practicing black magic, murdering an (innocent) soul which Allah  Ta‘ala  has forbidden (you to kill) except with a right, consuming usury, usurping the wealth of an orphan, fleeing from the battlefield and making false accusations of Zina against innocent, chaste, believing women.”

We advise that you refer this case to an Islamic Ulamaa body or the Jamiat of your area and ask them to assist you in this regard.

And Allah Ta'ala (الله تعالى) knows best.

Question

Answer

Related fatawa