Question :

Respected scholars, as-salamu `alaykum.



My father died five years ago, but his money is still not divided among
myself, my brother, and our mother. They don't want to give me my share.



What should I do?



Jazakum Allahu khayran.

Answer (Dr. Monzer Kahf) :

Wa `alaykum as-salam wa rahmatullahi wa barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, thank you for your question, which reflects your
care to have a clear view of the teachings of Islam. Almighty Allah
commands Muslims to refer to people of knowledge to get themselves
well-acquainted with the teachings of Islam as well as all aspects of
life.

As far as Islamic Shari`ah is concerned, after one's death, his or her
property should be divided among the legal heirs as soon as possible.
There should be no bad intention regarding the division of inheritance
as the laws of inheritance are described in the Qur'an as Allah's
boundaries; thus, these laws should never be encroached upon.

In his response to your question, Dr. Monzer Kahf, a prominent economist and counselor, states,

Dear
brother, it is always better to divide the estate the soonest after
death because all properties become owned by the heirs by the incidence
of death itself. This is God-given property, and no one has the right
to delay its division.

However,
remember you are dealing with your mother and brother. Check if there
is any good reason for the delay. For instance, both brothers are
responsible to spend on the mother, can this in any way be a reason? Or
could it be that the judgment of your mother that this is better for
you for any reason?



Her pleasure with your behavior is very important to you, because our
beloved Prophet Muhammad (peace and blessings be upon him) commanded us
to be dutiful to our parents, with special focus on mothers. 



If you discussed it with them to no avail, you have of course the law as a final resort.

Source : Islamonline