Can a loan be transferred to a 3rd party?

Q: I have taken a loan from  my sister and then I have lent the money to a 3rd party  on the condition that, they will repay back the loan to my sister directly. Am I still responsible for the loan? If yes then how do I include it in my Will? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب A: You remain responsible for […]

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Is it permissible to write a conventional Will only?

Question: A family member wishes to make a conventional will only. They wish to gift their property to their wife and seven children, but, to be distributed in accordance with Shari’ah. Is this permissible?   الجوابحامداومصلياومسلماومنهالصدقوالصواب   A: There are set rules in Islam as to the rights and responsibilities that relate to the testators […]

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I wish for my shares and ISA’s to be passed directly to my wife after death. How do I incorporate this in to my will?

Q: I wish for my shares and ISA’s to be passed directly to my wife after death. How do I incorporate this in to my will? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب A: When an individual passes away there are two ways that, after meeting debts and expenses of the final rites, ownership of his residual […]

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Should one list items which they anticipate receiving but have not yet got ownership of in their will, under ‘assets’

Q: Should one list items which they anticipate receiving but have not yet got ownership of in their will, under ‘assets’? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب   A: One may list them as potentially receivable assets but not as current assets.  Once ownership is secured, one may update one’s will.

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If a deceased revert leaves a non-Muslim wife and a small baby, is the baby considered Muslim and therefore does he/she inherit?

Q: If a deceased revert leaves a non-Muslim wife and a small baby, is the baby considered Muslim and therefore does he/she inherit?   الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب A: If the deceased revert is survived by a non-Muslim wife and a minor child, the child will be considered Muslim and will inherit from the […]

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What happens to the wealth of a revert if they leave no Muslim inheritors?

Q: What happens to the wealth of a revert if they leave no Muslim inheritors?     الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب   A: A revert who leaves no Muslim inheritors may bequeath up to one third of his/her residual estate to non-Muslim relatives and friends etc.  Under an Islamic system, the remaining two thirds […]

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If the wife was made the sole beneficiary of a will in exclusion of the children, and she received the entire estate – wrongly benefiting thereof for several years, is she now required to redistribute it according to Sharī’ah given that she has learnt of her error?

Q: If the wife was made the sole beneficiary of a will in exclusion of the children, and she received the entire estate – wrongly benefiting thereof for several years, is she now required to redistribute it according to Sharī’ah given that she has learnt of her error?   الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب […]

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Can one bequeath their house to a child or grandchild of theirs?

Q: Can one bequeath their house to a child or grandchild of theirs?   الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب   A: The lady is entitled to bequeath up to one third of her estate.  However, she cannot bequeath to anyone who is already an heir.  As her daughter is an heir she cannot be the […]

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My father has refused to keep in touch with me since young and I have had two stepfathers since the divorce of my mother and father, who is eligible for a share in my inheritance?

Q: My father has refused to keep in touch with me since young and I have had two stepfathers since the divorce of my mother and father, who is eligible for a share in my inheritance?   الجواب حامدا ومصليا ومنه الصدق والصواب A: If you have no siblings then your father is currently entitled to two […]

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What is Maradhul mawt?

Q: What is Maradhul mawt? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب A: Maradhul mawt is the state wherein the dominant presumption is that death will occur and the individual dies in that same state whether this is due to illness or other reason. If an illness is not presumed to be fatal then such […]

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Does the family house have to be sold when the husband or father dies?

Q: Does the family house have to be sold when the husband or father dies? In a typical family with a husband, wife and some immature children living in a house, how should the house be distributed if the husband dies? Surely it would be too difficult to tell the widow and her children to […]

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