Wa `alaykum as-Salamu wa rahmatullahi wa barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
In this fatwa:
1- A good Muslim should deal with all people according to the Shari`ah values, either they are good or bad people.
2- Also, one’s being unjust to us does not justify depriving him of his rights; particularly, the financial ones.
3- So, you do not have the right to deprive your uncle, or even reduce, his share in your father’s inheritance.
In his response to your question, Prof. Dr. Monzer Kahf, Professor of Islamic Finance and Economics at Qatar Faculty of Islamic Studies, states:
I am sorry to say that you made a little mistake probably because you knew little about the Islamic inheritance system.
First, the Islamic inheritance system is mandatory on all Muslims under all circumstances; read please verses (11-14 of Surah No. 4) especially the ending sentences of each of these verses.
Second, most of the estate will go to you girls and your mother; according to verses 11 and 12, 2/3 for the 3 girls and 1/8 for the mother. The share of the uncle is only 5/24 which is less than the share of each of the three girls.
Besides, you did not mention whether your father had any sister or parents. If there are grandparents, the uncle does not inherit. Also if you have any other aunts and uncles, they will share with this uncle this share.
Also, if you live in a country which has an Islamic family/inheritance law, the law requires and forces the uncle to spend on you if you need.
Allah Almighty knows best.
Editor’s note: This fatwa is from Ask the Scholar’s archive and was originally published at an earlier date.