An administrator of an inherited estate has no right to refuse its distribution

14-12-2009 | IslamWeb

Question:

What does Islamic law of inheritance say about the distribution? Can Administrator of the Estate refuse to distribute and instead decide to administer the estate in perpetuity? Is this allowed in Islam?

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

The administrator of the inherited estate – whether or not he is an heir – is not permitted to prevent the heirs from dividing the estate or prevent them in perpetuity from dividing its income. Even if he is a guardian of the estate or a custodian of minor children who are heirs, his guardianship as well as his custodianship end when they reach the age of puberty and when they know how to make proper use of their money. Besides, during his guardianship over them, he is obliged to spend their money in what is beneficial for them.

If an heir is an adult, then the administrator of the estate is not entitled to prevent him from his share of the inheritance – the estate and the income that comes from it – and if the heirs are not able to get their share, then they may take their matter to an Islamic court so that they would get back their right from the one who took it unjustly.

Allaah Knows best.