Q: I am a sister and my father has passed away. He left a Will which is not according to Shariah. I have 2 step-mums, 3 blood brothers and 3 half brothers. My dad divided his assets into 8 shares. 1/8 to the step mum who lived with my dad (she has no children). Nothing […]
Read more...Category: Wills Fatawa
Deceased’s estate wrongly distributed
Q: My Aunt died a few years ago and she was outlived by her husband, two sons and a daughter. Her daughter sold all her gold and gave it in charity in her mother’s name at the time. No shares were given to the husband or brothers. I don’t think there was a will either. […]
Read more...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 […]
Read more...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 […]
Read more...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?r
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 […]
Read more...Stipulating a condition in a bequest
Q: Can any condition be stipulated on inheritance from Wassiyah i.e. if a portion of a Home is given to a sister, can it be stated or requested that the sister then leaves the house (portion) to charity on her passing away, without it having any benefit to her potential inheritors? الجدواب حامدا ومصليا ومسلما […]
Read more...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 […]
Read more...Can I inherit from a non-Muslim?
Q: Can I inherit from a non-Muslim? الجواب حامدًا و مصليًا و منه الصدق و الصواب A: There are principally two types of laws that relate to the estate of a propositus, viz. the laws of inheritance and the laws of bequests. According to the laws of inheritance non-Muslim heirs of a Muslim propositus will […]
Read more...Can I write a Will that is clearly against Islamic principles?
Q: Can I write a Will that is clearly against Islamic principles I have read the Will guide that was sent by 1st Ethical trust. I have a some family members who need my help in writing a will as I am a professional Will Writer. However if someone , who is a Muslim, does […]
Read more...What does one do If they can’t find a trustworthy executor for their wills?
Q: What does one do If they can’t find a trustworthy executor for their wills? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب A: One should seek to employ the services of a competent solicitor who will undoubtedly be regulated by his/her professional body.
Read more...Does the appointed guardian of my children have to be Muslim?
Q: When writing a Will, does the appointed guardian of my children have to be Muslim? I am a revert with no biological Muslim family in the UK. If my husband and myself died, would it be fine to appoint my non-muslim family as guardians? Can I appoint Muslim family of my husband abroad as […]
Read more...Can my non Muslim relatives inherit from me?
Q: I am a convert to Islam, a single mother and have three children.My question is regarding what happens with my mother and brother who are not Muslim in regards to my will. Would they inherit from me?Also, my oldest daughter has rejected Islam but I pray she will return in sha Allah. Would she still […]
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