Is the entire company subject to inheritance and distribution among the heirs after the father's death, or only the father's share? And what is the status of shareholders who did not contribute effort to the company?
The father's intention behind registering the company in his name, and the names of his children and wife, must be ascertained. If it was intended as a transfer of ownership to them, then justice must be observed among the children in the gift and endowment, with the male receiving the share of two females. He is not obligated to be just between his wife and children. If the father gives preference among them with their consent or for a valid reason, there is no harm.
After Death: - If the company was entirely owned by the father, it is divided among the heirs: the wife receives one-eighth, and the remainder goes to the children. - If the father gifted shares to the children equitably, then each receives their share, and the father's share is divided among his heirs.
Regarding the work of the two brothers: - If their work was for wages and they received them in full, then they have nothing special upon the father's death. - If their work was voluntary, then their reward is with Allah. - If they were partners with the father, then each takes their share, and then the father's share is divided among the heirs.
It is important to address this matter with the father to clarify the nature of the company and the rights of each party to avoid future disputes.
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- Ftawy
- Original fatwa ID
- 20308
- Imported
- Translation status
- Source text, unreviewed
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