Question:
I am a widow with two children. My husband was wealthy and my young son is now requesting his share of inheritance from his father’s will and he has not reached the age of maturity.
Bearing in mind; he uses narcotic drugs, leaves the home in the morning, and returns late at night and we are fearful and despondent that the money will be wasted.
Is it permissible within Islamic Law to give him his share of inheritance? How do you see this matter? Enlighten us.
Answer:
Allah states:
وَلَا تُؤْتُوا۟ ٱلسُّفَهَآءَ أَمْوَٰلَكُم
And do not give the ‘foolish’ (i.e those who are ignorant of their own self-interests and pursue their own self-harm) your wealth.
[An-Nisaa:5]
So do not give this child his share of the money whilst he is in the state of foolishness that you have mentioned i.e. he buys narcotic drugs and does with it what he does – even if he had reached the age of maturity (this would still not be allowed), let alone not doing so.
He must not be given this wealth. However, once he reaches the age of maturity and has developed into a financially responsible adult he is to be given his wealth.
As for the current state of affairs that have been mentioned; there is no sin upon you (for withholding his money). So do not give him the money because doing so would be aiding him in evil. It is haraam to give money to the likes of this (child) even if he was mature due to the aforementioned ayaat:
وَلَا تُؤْتُوا۟ ٱلسُّفَهَآءَ أَمْوَٰلَكُم
And do not give the ‘foolish’ (i.e those who are ignorant of their own self-interests and pursue their own self-harm) your wealth.
[An-Nisaa:5]
Answered by: Shaykh Abu Bilaal Al-Hadhramy – may Allah preserve him
Source: https://t.me/abubilalhami/3210
Answered on: 29th Rabbi’ Al-Awal 1441(26th November 2019)
Translated by: Abu Sufyaan Saami ibn Daniel Al-Ghaani