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Q: A man has a son, who is his elder son from his first wife. He has younger children from another wife. The said son, after growing up, worked with his father; and after getting married, left his wife at his father's home and abandoned his father before his half brothers grew up. His half brothers became close to their father and ran the business. The father is the founder of the business and owner of the capital. After growing up, the younger sons from the second wife worked with him and earned a lot of money and practically ran the whole business. They later managed to become real estate owners through taking funds from the capital and from their own earnings under the supervision of their father. They kept asking the elder son to return and work with them. On the other hand, the father does not acknowledge the elder son's right in the business and has been considering him an ungrateful son ever since the latter abandoned his father about thirty years ago. (Part No. 14; Page No. 317) The father asks: What should I do to my elder son to be free from liability, given that he did not listen to me nor helped me with my business? What should he do to his other sons to be free from liability, given that they worked assiduously and helped the business flourish and became the absolute disposers of everything, with their father only supervising? The father is apprehensive lest a dispute should be aroused by the elder son, following the father's death, with his brothers to share the business and profit with them, despite the fact that the father thinks, he did nothing to make the business a success. The father would like to settle the issue between his sons to absolve himself of liability before his death. In addition, the elder son had a son who was brought up by the grandfather until he grew up and worked with his uncles until now. Thereupon, the father likes his grandson better than his own son, so he asks whether he can give the share of his son to his grandson. May Allah grant all of us success.


A: The rules of the sanctified Shari`ah (Islamic law) necessitates that the sons working with their father and the grandson in question be given a wage similar to that given to non-relative workers according to the Islamic Mudarabah (speculation) in the practice of the country they work in and that the elder son be entitled only to a right to his father's share of the main capital according to the legal inheritance if his father dies before him. The money paid by (Part No. 14; Page No. 318) their father to them at the beginning of the business is the main capital and what is over and above it is a profit. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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