Re: dispute in inherhitence
wth guy gonna do with the jewelry? He is not gonna wear it is he? Give it back to her mom
Re: dispute in inherhitence
^ unless it is kavach kundal
Re: dispute in inherhitence
^ unless it is kavach kundal
lol just googled what it means
Re: dispute in inherhitence
To The original poster:
i think UAE laws follow shariah Islamic rules. If the husband reverted to Islam in order to marry you sister then converting back to another religion without your sister's knowledge, that's breach of trust your sister put in him. You will have to check the shariah rulings on inheritance on a husband who caused breach of trust.
Secondly, he owes you some amount which he is not willing to give. As per my knowledge, the shariah law would allow you cut any amount that he owes you from any cash or other belongings that you hold of him.
I'm sure your sister would not be happy to know that her life companion of 10 years did not even wait for her demise to convert to another religion.
The mother of the deceased has every right in claiming what she had given to her daughter in her life time and complete say in this situation where her deceased daughter was cheated. You need to look up UAE laws. I think they'll be in your favor.
Goodluck.
Re: dispute in inherhitence
By now you must have realized that GS is not the right place to get advice on sensitive issues. Talk to a lawyer and do what he says.
Re: dispute in inherhitence
what is the point of a will if other people are going to analyse/amend it themselve later.
you can give to muslim or non muslim...family or no family..faithful or non faithful
at least this is my understanding of a 'will'.
Re: dispute in inherhitence
thank you all for your advises, they were very helpful and gave me a better understanding of the situation.
i asked the scholar and as per islamic shariah it is very clearly stated what alot of people on GS have said is correct
Re: dispute in inherhitence
I see some inconsistencies
1).your sister made a will to which you and her husband were witness
2) the will states jewelry distributed between her husband and her family (which I assume is ur mother and u)
3) her husband calls u and says ur sister wanted him to have ALL the jewelry. How is this possible. See pt 1 and2. Ur sister made the will. What does will say? It says DISTRIBUTE. So her husband is lying.
4) jewelry paid for by ur mother. It should go to her. Especially considering the lie by her husband abive.
5) he owes u 40000 units of money (dhinar?) Don't say u won't get back. If u must give him something give what was in will Minus the money he owes u plus interest.
I am not muslim. But this is common sense. Even without Sharia he doesn't deserve this. If he has pride he will walk away. Rather than be a greedy jewelry hunting person.
Re: dispute in inherhitence
Also the jewelry is not ur sisters to give away. It was ur mothers jewelry. Morally it should come back to her.
And yes since he converted back, I hope legally he has no claim.
Re: dispute in inherhitence
any idea how bad the situation is gonna be when i tell him that i him that as Islamic shariah he as no claim but (but as per her will i can gift him 1/3 share as a gift and this i will be discussing with the rest of my sisters), he will definitely ask for me to leave (i will be doing that anyway). is there any better way to make the situation bearable and make him understand i am not being greedy (i know i am being unfair) i mean i will give it to my mom, its not even i mine, she will decide who gets what (i dont even want it). i just want this to end
Re: dispute in inherhitence
The mother of the deceased has every right in claiming what she had given to her daughter in her life time and complete say in this situation where her deceased daughter was cheated. You need to look up UAE laws. I think they'll be in your favor.
Goodluck.
Are you saying according to UAE's shariah law, if I give a gift to someone and if the other person dies, I have the right to get my gift back?
Re: dispute in inherhitence
I found this online, if you want to ignore the will and go by purely by shariah.
Islamic Inheritance Calculator
And if you go to courts in UAE, this is how it could end up, unless you can establish the will as valid.
Re: dispute in inherhitence
what kind of a sicko muslim woman marries a christian? oh wait....there are some shameless people around
Re: dispute in inherhitence
what kind of a sicko muslim woman marries a christian? oh wait....there are some shameless people around
He was Muslim when he married her
Re: dispute in inherhitence
Wrote a long post from mob but it was lost. I'll be quick this time.
To those posters who raised concern, as per shariah laws which the UAE follows, the marriage became null and void once the husband converted to another religion. And the fact that he did that WITHOUT his muslim wife's knowledge puts the sister's will in a very weak position because her will was for the husband she knew as a muslim and one who had not commited any breach of trust or fraud.
Secondly, unless the husband was sponsoring his muslim wife, the parents are the natural guardians of the deceased and get to decide anything to do with the body and her belongings. If the fraud of the husband is proven in the courts, her parents naturally become her guardians even if the husband was her sponsor. This will have to be looked up by a lawyer. Also regarding, 'gifts', unless it is proven in the courts the jewelry given by parents to their daughter during her life time was given as 'gifts' & not as her security or anything else, it cannot be treated as 'gift'.
But again only a lawyer well-versed about UAE shariah laws will be able to give a good advice to the OP.