Q: The texts of Shari`ah (Islamic Law) indicate that the husband inherits half the property of his deceased wife if she has no children. If she leaves behind children, the husband's share will be reduced to one-fourth. This means that a one-fourth share is cut off from the husband in the presence of children. Many times when children fight with their father, in order to settle their dispute they ask the opinion of scholars who tell them that children are not entitled to come into the possession of any property as long as their father is still living. In support of their opinion, they quote the Hadith in which the Prophet (peace be upon him) is reported to have said, You and your property belong to your father. How could we reconcile this Hadith with the Ayah (Qur'anic verse) on inheritance (Surah Al-Nisa': 12)?

A: The husband inherits half the property of his childless wife. If she leaves behind children, the husband's share will be reduced to one-fourth. Allah (Exalted be He) says, In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. The children are entitled to the remainder of the property (Part No. 16; Page No. 511) according to the Islamic system of inheritance known as Ta`sib (male agnatic blood relatives of the deceased). As for the Hadith narrated by Jabir (may Allah be pleased with him) in which the Prophet (peace be upon him) said, You and your property belong to your father, it can be said that since a son's existence is somehow related to his father, the latter is entitled to take as much of the son's property as would serve his needs. The Hadith does not mean that the father is entitled to seize all the property of his son without there being any need for that. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.