Question

My father expired and left four daughters and one son. He has good amount in Bank . I am nominee of his account. As per bank rules the whole amount goes to his nominee. But, I want to distribute  the amount according to shaira. He had a wish to assist construction of a mosque, marrying an orphan girl and other charitable things.  I want to take some amount for this purpose from the account of my father and rest amount for distribution among sisters. My question can I do this.it should not go against shaira.

Answer 1

Ref. No. 2056/44-2268

In the name of Allah the most Gracious the most Merciful

The answer to your question is as follows:

If the father did not make a will to spend in the above-mentioned good deeds, but merely expressed his wish, then the total property will be divided among the brothers and sisters according to Sharia. Yes, if all the heirs agree to withdraw a certain amount for the above purposes, then there is nothing wrong in it. And if the father had made a will, then one-third of the total wealth will be fixed first for the same purpose, then the distribution will take place among the heirs in the rest property. 

And Allah knows best

Darul Ifta

Darul Uloom Waqf Deoband