Q: I would like to inform you that my father, `Alyan Muhammad Hindy, from Mankarit Al-Balwy, died on 4/9/1416 A.H in a car accident and the driver was my brother, Muhammad `Alyan. The investigation report indicted my brother. Those entitled to inheritance included Nasser, Bandar, Muhammad, Bushra, Maryam and Zaynab who are all adults as well as his wife, Jawza' bint `Obayd. However, we all decided to give up our brother's share of inheritance, regardless of his being the cause of the death of my father. We did this before the judge of
After we did that, the judge asked for the devolution of the estate document, so as to deprive my brother Muhammad of inheritance, (Part No. 16; Page No. 563) taking into consideration that the cause of the accident was the overturning of the car when the driver was asleep. Also, you should know that depriving my brother of the estate has to affect all of us in one way or another, especially my brother, for we believe that what happened was by Divine Decree. We hope that Your Eminence will guide us to what is lawful. May Allah's Peace, Mercy, and Blessings be upon you.
What the legal judge did of depriving your brother of inheritance, because he was the primary cause of your father's death, complied with the Shar`y (Islamically lawful) rule:
a murderer does not inherit from the one he murdered, whether this killing has to be met with Qisas (just retaliation), Diyah (blood money) or Kaffarah (expiation). Based upon this, if you all, being adults, consented to give your brother his share of inheritance, there is nothing wrong with that. May Allah reward you the best. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.