Fatwa No : 84357
Will the GP Fund of a deceased person be considered part of his estate or not?

Will the GP Fund of a deceased person be considered part of his estate or not?

The younger brother passed away on the 23rd of Ramadan. Ten days after his death, his wife went to her parents’ home, where she later gave birth to a daughter. The question is: what share does the widow receive from the deceased’s estate, including the GP Fund, and what is the ruling regarding the dowry (mahr), bridal articles (jahez), and other belongings? The heirs of the deceased are as follows: Two sons: Abdul Salam (6 years old) and Noor Salam (4 years old), One daughter: Bibi Amina (3 months old), One brother: Abdul Rauf, Father: Mian Gul Faqeer, Mother: Khatoon Bibi Three sisters. The widow of the deceased claims that she is entitled to one-eighth share from the GP Fund, as well as the respective shares of the children, and that the children themselves should also be handed over to her. In light of the Qur’an and Sunnah, is it obligatory to entrust her with the children’s share? And for how long are the young children to remain in her custody? Please explain and you shall be rewarded.

الجوابُ حامِدا ًو مُصلیِّا ً

The dowry articles, as well as the gifts given to the bride at the time of marriage by her relatives, the husband, or his family members, belong solely to her. Everything besides that is counted as part of the estate and will be distributed according to the rules of inheritance as follows; All movable and immovable property left by the deceased at the time of death including gold, silver, jewelry, cash (including the GP Fund), and all kinds of household belongings, whether minor or major, shall first be used to cover the average expenses of the funeral and burial. After that, if the deceased had any outstanding debts or had not paid the wife’s mahr (dower), these must be settled. Then, if the deceased had made any valid bequest (wasiyyah), it shall be executed from up to one-third of the remaining estate. Whatever remains shall then be divided into 120 shares, distributed as follows: 26 shares for the son Abdul Salam, 26 shares for the son Noor Salam, 13 shares for the daughter Bibi Amina, 20 shares for the father, Mian Gul Faqeer, 20 shares for the mother, Khatoon Bibi, 15 shares for the widow of the deceased.
(2) Until the daughter reaches the age of maturity, her mother has the strongest right to her custody. However, if the mother voluntarily gives up custody, remarries a non-mahram of the child, or there is genuine concern for the child’s safety and proper upbringing, then the paternal heirs may take the daughter and the children into their care. As for the sons, the mother has the right of custody until they reach the age where they can manage eating, drinking, and dressing by themselves approximately up to seven years. For a daughter, this right extends to about nine years. It must also be clarified that once the entire estate is distributed among the heirs in accordance with the principles of inheritance, the full share of the minor children should be entrusted to their grandfather. He will then provide for their needs, giving the mother the required maintenance for their upbringing during the custody period. It is not correct to hand over the children’s full share to their mother. Therefore, the mother should refrain from demanding the children’s inheritance without due Shari grounds.

مأخَذُ الفَتوی

ففی الدر المختار: (والحاضنة) أما، أو غيرها (أحق به) أي بالغلام حتى يستغني عن النساء وقدر بسبع وبه يفتى لأنه الغالب. ولو اختلفا في سنه، فإن أكل وشرب ولبس واستنجى وحده دفع إليه ولو جبرا وإلا لا (والأم والجدة) لأم، أو لأب (أحق بها) بالصغيرة (حتى تحيض) أي تبلغ في ظاهر الرواية. (3/ 566)۔
و في الدر المختار: ولو خاصمته الأم في نفقتهم فرضها القاضي وأمره بدفعها للأم ما لم تثبت خيانتها فيدفع لها صباحا ومساء أو يأمر من ينفق عليهم اھ (3/ 613)۔