Salary for employment and Inheritance Query
| Fatwa #2235 | Category: Business & Trade | Country: Zambia | Date: 4th March 2026 |
| Fatwa #2235 | Date: 4th March 2026 |
| Category: Business & Trade | |
| Country: Zambia | |
Question
Assalāmu ʿalaykum wa raḥmatullāhi wa barakātuh,
I pray this message finds you in good health and īmān. I am writing to respectfully seek a formal Shar‘i ruling (fatwa), preferably according to the Hanafi school, regarding a family business and related inheritance matters. My intention is to ensure that all arrangements are compliant with Islamic law and that no injustice occurs, knowingly or unknowingly.
I will outline the background and questions as clearly and factually as possible.
1. Background of the Business
My husband and his sister jointly operate a private school. The school was originally established using funds belonging to their late mother. After her passing, the school continued to operate under the management of my husband and his sister.
At present:
- There is a verbal understanding between my husband and his sister that the school is owned “50/50.”
- In practice, profits and salaries are not distributed in a clear or consistent 50/50 manner.
- Legally and formally, the school is registered entirely in my sister-in-law’s name, and the business bank account is also solely in her name.
- There is no written partnership agreement, no documented equity allocation, and no written transfer of ownership reflecting my husband’s share.
2. My Role and Compensation
I am my husband’s only wife and work full-time at the school, handling administrative and financial management responsibilities (including duties similar to an administrator and CFO).
- I do not receive a salary.
- The stated reasoning is that since the business is considered “50/50” between my husband and his sister, paying me a salary would require also paying my sister-in-law’s husband a salary “to be fair,” despite the fact that her husband does not work at the school and has no operational role.
I seek Shar‘i clarification on:
- Whether it is Islamically permissible for a wife to work full-time in a family business without remuneration under these circumstances
- Whether such work is considered voluntary, charitable, or wage-entitled in Islamic law
3. Family Structure
Relevant family details:
- My husband has only one wife (myself).
- His sister is married and has one daughter.
- Both of their parents are deceased.
- There are half-siblings from their mother’s first marriage.
- There are living maternal and paternal uncles and aunts.
4. Ownership and Inheritance of the School
Given that:
- The school is legally registered solely in my sister-in-law’s name
- Ownership is based only on verbal family understanding
I seek clarification on the following inheritance scenarios:
a) If my sister-in-law passes away first:
- Who would Islamically inherit the school, and in what shares?
- Would my husband inherit any portion of the school based on verbal understanding alone?
b) If my husband passes away first:
- Would the school form part of his estate?
- Would I inherit anything connected to the school?
c) If both siblings pass away at different times:
- How would the school ultimately be distributed Islamically?
- Would the school exit my husband’s marital line entirely?
5. Intention, Family Agreement, and Documentation
My husband believes that:
- Legal documentation is merely a formality
- As long as family members mutually agree, unclear or undocumented ownership is acceptable
- Intention and trust between siblings are sufficient in the sight of Allah
I respectfully seek a Shar‘i ruling on:
- Whether intention or verbal agreement alone can establish ownership
- Whether operating a business long-term with unclear ownership is permissible
- Whether family consensus can override formal documentation in matters affecting inheritance
6. Writing a Will Contrary to Sharīʿah
My husband feels that writing a will stating that his inheritance should pass entirely to me would resolve concerns, even if this contradicts the default Sharīʿah inheritance distribution.
I believe that a will which contradicts Sharīʿah is not valid Islamically.
I seek clarification on:
- Whether a Muslim may write a will that overrides Qur’anic inheritance shares
- Whether such a will would be valid or sinful
- Whether reliance on a will is sufficient without correcting ownership during one’s lifetime
7. Additional Guidance Requested
I would also appreciate guidance on:
- What steps are Islamically required before death to prevent injustice in inheritance when businesses are involved
- Whether knowingly leaving ownership ambiguous exposes one to sin or liability
- How to balance maintaining family harmony with adherence to Sharīʿah in financial matters
My intention in seeking this fatwa is sincerity, clarity, and obedience to Allah ﷻ, not dispute or accusation. I would be grateful for a response supported by Qur’an, Sunnah, and established fiqh principles.
May Allah reward you for your time and knowledge and place barakah in your efforts.
JazākumAllāhu khayran.
Was-salāmu ʿalaykum wa raḥmatullāhi wa barakātuh,
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
There are multiple aspects to tackle in your query.
- Business ownership
You have stated that the school is owned 50-50 by your husband and his sister. Whilst we do acknowledge the importance of legal paperwork reflecting the same, we do understand that at times, legal paperwork does not reflect real ownership due to other reasons best known to the parties themselves.
In the enquired situation, if there is no hindrance to changing the legal paperwork, we advise the two partners to change it and show true ownership as it is. However, if for whatever reason it is better or safer to keep legal paperwork in the name of only one partner, then for Shar’i reasons, a document must be signed between the two outlining real Islamic ownership. The heirs of each partner must also be informed that this asset is jointly owned despite the legal paperwork saying otherwise.
If this is not done, there is a strong chance of disputes in the future upon the demise of one partner. If the partners do not do as guided above, they shall be held responsible by Almighty Allah should they pass away and their heirs dispute over their estates.
- Your role and compensation
An employee is entitled to a wage for the work he/she has carried out. Given that you carry out work for the school, you are entitled to a salary. It does not make sense to say that it is unfair for you to receive a salary because your brother-in-law is not receiving a salary. Salaries are in lieu of work or services provided. If your brother-in-law were to also offer services or work to the school, he too shall be entitled to a salary. It is Haram to employ someone and not pay them a wage.
If you have asked for a wage, the school is required to pay you one. Failing which, you have no obligation to continue working. If you had previously made wage demands and they did not listen, you could potentially still be entitled to an average wage as services were still provided by yourself to the school.
- Inheritance of the school
As stated above, a difference is made between legal paperwork ownership and true Islamic ownership. Even if legal paperwork may show full ownership of the sister, if all heirs and involved parties agree and acknowledge the true Islamic ownership of 50-50, inheritance laws will be easy to apply.
Accurate shares of inheritance are only possible at the actual time of demise of a person. Having said that, given that your sister-in-law has a husband and one daughter, her 50% of the school would go to her husband (25%), her daughter (50%), and her brother (your husband – 25%).
If your husband and you do not have any children, his 50% of the school would go to his wife (25%), his sister and uncles and aunts (percentages would depend on who is alive etc).
If proper legal paperwork is not in order, and some heirs dispute the fact that your husband owned 50% of the school, there remains no legal recourse for you, your husband or his heirs. This does not mean that it actually belongs to them, rather, they shall be guilty of the crime of usurpation and answer to Almighty Allah.
- Documentation and Intention
As stated above, it is not necessary to show all ownership on legal documentation. However, it is best to do so to ensure there is no dispute later on amongst heirs and family. However, in this case too, it is imperative that a separate document is prepared which outlines real ownership (50-50) and this should be signed by both partners as well as their heirs.
It is not permissible to leave such important decisions ‘hanging in the air’. It is necessary to clarify them, and this is either achieved by changing partnership shares on legal documents or preparing a secondary internal document which shall provide clarity and is signed by all affected parties.
It is worth noting that this internal document if taken to court, may not prove beneficial, as the real legal paperwork usually supersedes other documents to the contrary. Therefore, one ought to think hard and long before blindly placing trust in individuals. Unfortunately, experience has shown us that when it comes matters of wealth and inheritance, people are willing to usurp anything and everything. It is foolish to expect people to behave like saints. Rather, one should personally take all possible measures to ensure his/her own heirs do not have any cause for dispute after one’s demise.
Our beloved Ustaad, Mufti Ebrahim Desai Rahimahullah, used to say, live like brothers but deal like strangers.
- Writing a will
It is not permissible to incorporate unislamic clauses and concepts into an Islamic will. One will be sinful for intentionally doing so. Such a will is invalid in the eyes of the Shari’ah. It is not permissible for your husband to simply state in his will that his entire estate should pass to you. His estate will be divided as per Shar’i shares upon his demise. One has no choice in this as inheritance shares are divinely ordained.
Your husband would be required to clarify his estate and asset ownership during his life in the manner described above.
Clarity coupled with written documentation is the only way to avoid disputed amongst heirs. It is sinful to leave businesses ambiguous such that after demise, people do not know what belonged to whom and claims come forth from all corners.
It is unfortunate that our ‘culture’ dictates that one should blindly trust family and therefore not write down anything. This is explicitly negated by the Quran and Hadith as Almighty Allah and His beloved Messenger tell us to write down all such transactions for the sole purpose of providing clear cut clarity which cannot be denied or disputed by anyone.
Our suggestion is that your husband and his sister should go to their local Darul Iftaa or reputable Mufti and explain the situation to them. They shall assist in drafting the relevant documents.
And Allah Ta’āla Knows Best
Mufti Bilal Pandor
Concurred by
Mufti Muhammad Patel
Darul Iftaa Mahmudiyyah
Lusaka, Zambia