Excluding a brother from inheritance for causing the father's death
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Fatwa number ( 19480 )
Q: We inform you that our father, Alian Muhammad Hindi Munqara al-Balawi, passed away on 4/9/1416 AH. The cause of death was a car accident driven by our brother, Muhammad Alian, and the accident report assigned 100% liability to him. Our father's estate is limited to his adult children, Nasser, Bandar, Muhammad, Bashira, Maryam, and Zaynab, and his wife, Juza bint 'Ubaid. We all then waived our rights against our brother, who caused our father's death, legally before the judge at the al-'Ula court. After the waiver, the honorable judge requested a certificate of inheritance restriction to exclude our brother Muhammad, who caused our father's death, from the inheritance,
knowing that the cause of the accident was the car overturning, and the driver was asleep. Since the judge's mention of excluding our brother from the inheritance affects us all, and our brother in particular, because what happened was the divine decree and destiny of Allah, we hope you will graciously guide us to what is required by the Shari'ah. Peace be upon you and Allah's mercy and blessings.
A: The request by the honorable Shari'ah judge for a certificate of inheritance restriction to exclude your brother from the inheritance for causing the accident in which your father died is in accordance with the Shari'ah principle, which is: that the killer does not inherit from the one he killed, whether the killing warrants retaliation (qisas) or blood money (diyah) and expiation (kaffarah). If you all, being adults and of sound mind, voluntarily agree to include your brother in the inheritance according to his share, there is no harm, and may Allah reward you with good. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We inform you that our father, Alian Muhammad Hindi Munqara al-Balawi, passed away on 4/9/1416 AH. The cause of death was a car accident driven by our brother, Muhammad Alian, and the accident report assigned 100% liability to him. Our father's estate is limited to his adult children, Nasser, Bandar, Muhammad, Bashira, Maryam, and Zaynab, and his wife, Juza bint 'Ubaid. We all then waived our rights against our brother, who caused our father's death, legally before the judge at the al-'Ula court. After the waiver, the honorable judge requested a certificate of inheritance restriction to exclude our brother Muhammad, who caused our father's death, from the inheritance,
knowing that the cause of the accident was the car overturning, and the driver was asleep. Since the judge's mention of excluding our brother from the inheritance affects us all, and our brother in particular, because what happened was the divine decree and destiny of Allah, we hope you will graciously guide us to what is required by the Shari'ah. Peace be upon you and Allah's mercy and blessings.
A: The request by the honorable Shari'ah judge for a certificate of inheritance restriction to exclude your brother from the inheritance for causing the accident in which your father died is in accordance with the Shari'ah principle, which is: that the killer does not inherit from the one he killed, whether the killing warrants retaliation (qisas) or blood money (diyah) and expiation (kaffarah). If you all, being adults and of sound mind, voluntarily agree to include your brother in the inheritance according to his share, there is no harm, and may Allah reward you with good. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.