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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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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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 […]

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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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What is the distinguishing difference between a trust and waqf?

Q: What is the distinguishing difference between a trust and waqf? الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب A: The fundamental difference between the forms of trusts discussed in the document on trusts and a valid waqf is that in the latter property is taken out of one’s ownership and passed in to the ownership […]

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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 […]

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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 […]

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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.

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Is it permissible for my mother to use my father’s life insurance payout?

Q: Is it permissible for my mother to be using my father’s life insurance payout and keeping it? My father took out life insurance in 1987. He did not know it was haram. I think on the policy it says 60% equity and 40 % property. I am not sure how much my father payed […]

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Can I give my wealth to my children during my lifetime?

Q: Can I give my wealth to my children during my lifetime? I understand that when writing a will the Qurʾān tells us how our wealth should be distributed, e.g. 2/3 to the son and 1/3 to each of two daughters. But if I want to give my wealth to my children during my lifetime […]

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Is Zakat due on inheritance that is not received until a few years have passed?

Q: A man passes away leaving a wife and three children. The process of sorting out his estate takes 2-3 years in which time the family does not know exactly how much has been left behind and therefore they don’t know how much the are entitled to. Eventually the funds are received by the respective […]

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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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