Importance of Inheritance in Islam

“Unto Allah do we belong and unto Him is our return” — these are the touching words which will be murmured by strangers, friends and relatives upon our imminent demise.

Not only do we return to Allah, our wealth which He had blessed us for a limited duration also returns to Him. We had come empty-handed into the World and empty-handed we shall return.

Allah, Most High becomes the sole owner of all our properties, businesses, furniture, vehicles, bank accounts, investments, gold coins, jewellery, crockery and even the very clothing we are wearing the day we die. Nothing and nothing goes into the grave with us except a pocket-less kafan.

The Jamiat

And as in all aspects, Islam teaches us how to deal with the wealth left behind by the deceased.

Qur'an and Sunnah on Islamic Inheritance

Islamic laws of distribution of inheritance comprise one of the most important areas of Islamic jurisprudence. The rules and regulations around inheritance have been categorically set out in both the Holy Qur’an and the Sunnah of the Holy Prophet (sallallaahu 'alayhi wa sallam).

In the Holy Qur’an, Surah Al-Nisa’a verses 11, 12 and 176 clearly explain the shares of almost all the legal heirs of the deceased and the Sunnah of the Holy Prophet (sallallahu 'alayhi wa sallam) further explains those shares.

Regarding the importance of inheritance and the importance of learning and teaching Islamic inheritance, it is mentioned in many Ahaadith of beloved Prophet (sallallaahu 'alayhi wa sallam):

"Learn (the knowledge of) inheritance and teach it (to the people) for it is half of knowledge; and it will eventually be forgotten. It will the first (knowledge) to be taken away from my Ummah" [ibn Maajah]

"Indeed I am a man who will be taken away, therefore learn Fara-idh and teach it. The time of the disappearance of knowledge will come close, when two persons will dispute regarding an Islamic ruling and they will find no one to decide the dispute.”

The leader of the faithful and the great companion of our Prophet, Umar radhiyallaahu 'anhu used to say, “O people, learn Fara-idh with the same concern and effort with which you learn from the Qur'an.”

It is also reported that he used to say, “O Muslims, learn Fara-idh, it is an essential part of the knowledge of your religion.”

Through the light of the Holy Qur'an, the sayings of our Prophet sallallaahu 'alayhi wasallam and his beloved companions, we can acknowledge the importance of Inheritance in the Islamic manner, but unfortunately we have begun to ignore the Islamic teachings and we have started to follow the ways and the practices of non-Muslims, in which one person or only a few would receive the inheritance and at times no one would receive inheritance except a pet of the deceased which would inherit everything instead.

Violation of Islamic Laws and injustices to Mankind leads to breaking ties which we can witness clearly in this day and age. At times, the main cause of these breaking relationships were all caused by the lack of Islamic knowledge and abandoning Islamic teaching as is the case for Inheritance.

It is incumbent that we learn and practice inheritance in the Islamic way and where necessary we turn to our Ulama (Islamic scholars) who will guide us to live life on the straight path using the light of the Holy Qur'an and Sunnah of our beloved Prophet sallallaahu 'alayhi wasallam. (Inter-Islam)

Unfortunately, nowadays many of us are neglectful or simply unaware about the importance of Islamic inheritance. People have become indifferent to the Islamic system of inheritance system and the property left by the deceased Muslim is not divided among heirs according to Islamic Law. The wrong practice of negligence of women in inheritance is rapidly growing in Muslim society.

InshaAllah, to raise awareness and link others to valuable information, we intend to compile basic information about the Islamic laws of inheritance. Some topics we hope to cover include:

* the basics of inheritance - what it is and how it is distributed;

* who can and cannot inherit; and

* the rights of women and orphans.

Insha'Allah, for ease of understanding we intend to start with short and concise posts, followed by posts containing more in-depth information.

~~~

Important Note: due to the complex nature of Islamic laws of inheritance, upon the death of any family member, readers are strongly advised to consult competent scholars of Islam with specific knowledge in Islamic laws of inheritance.

~~~

ummtaalib · August 9, 2014

Definitions

In Islamic jurisprudence there are two words used for the law of inheritance, they are Al-Miraath (المیراث ) and Al-Faraidh (الفراءض). The latter is more frequently used by the Muslim Jurists than the former.

‘Al-Miraath’ is derived from the verb ‘waratha’ ورث which means to inherit anything. Another literal meaning of the word miraath is that, it connotes the handing over of a thing from one person to another.

And the word Al-Faraidh is plural of Al-Faridha الفریضة which is derived from the verb Faradha (فرض) , which literally mean “a fixed share”.

In the legal terminology, it is a knowledge about some rules of the Shari’ah which guide us who will inherit and who will not and what shares will go to the heirs from the property of the deceased.

ummtaalib · August 11, 2014

Inheritance in Pre-Islamic Arabia

Before the advent of Islam, Arabs used to make unlimited bequest in favour of any person according to their own interest. The position of women was worse than that of the women of any other country. The women were not entitled to have the share of the property of their deceased husbands, fathers and other relatives. They regarded women as chattels.

In the pre-Islamic days the weaker class of people i.e. women, children, etc always remained victims to oppression and injustice. Islam was the first religion to make necessary arrangements to guard their rights. It was a pre-Islamic custom of the Arabs that no one other than the soldiers are deserving of the deceaseds estate which clearly excludes women and children and leaves the mature son to inherit the entire estate. This is understood from an incident that took place during the time of the Prophet (S.A.W.) before the verses relating to the distribution of the estate were revealed. A Sahabi by the name of Aws bin Thaabit (R.A.) passed away leaving behind two daughters, an immature son and a wife. On the fathers death, two of their cousins (uncles sons) came and took possession of the entire estate as their custom demanded that none of the children or the wife deserved it. On seeing this, the wife complained to the Prophet (S.A.W.). The Prophet (S.A.W.) awaited the revelation from Allah Taala with regards to this matter. It was at this moment that Verses 7, 11 and 12 of Surah Nisaa were revealed to Nabi (S.A.W.) who then passed the verdict in favour of the wife and children accordingly. (Maaariful Quran, Vol. 2, Page 309)

In these verses Allah Taala fixed the shares of the inheritors and gave it the form of legislation so that the right of each inheritor may remain safeguarded from the other and the oppressive pre-Islamic custom of the Arabs can be eradicated.

(Jameah Mahmoodiyah)

In pre-Islamic Arabia, inheritance was confined to only strong males, and was denied to women, helpless and minor boys on the principle that only those had right to inherit who could fight in the battlefield. Mothers, sisters, daughters, wives and widows had no share in the heritage.

In Jewish law daughters were excluded by the sons, and mothers inherited nothing from their children. Illegitimate children had the same right as legitimate ones. According to the Hindu code bill, father is excluded by sons, and the widows and other females get no absolute share. There is also a distinction between self-acquired and ancestral properties.

All these inequalities and exclusion of women from inheritance and degrading them to the position of chattels have been eradicated by the magic touch of the final Prophet Muhammad (pbuh). All such barbaric customs have been eradicated and swept aside by one stroke of the Glorious Qura'an. Islam, holding aloft the torch of justice and equality ensures the absolute rights in inheritance for mothers, sisters, daughters and wives. Their shares have been fixed and guaranteed and thus their status has been greatly elevated. The Qura'an says:

"To males shall be a share of what their parents and other kinsmen may leave; and to females shall be a share of what their parents and other kinsmen may leave whether it be small or large; a portion allotted”. (Chapter: 4,Vers: 7) (Central-Mosque)

The Wife, a part of Inheritance

They never inherited, even from their close relatives. In fact, she herself would become an item of distribution just like any other commodity of inheritance in a descendant’s estate (Inter-Islam)

WIFE, A PART OF INHERITANCE

Sometimes the pre-Islamic Arabs counted a widow to be a part of her deceased husband's property and appropriated her accordingly. If the deceased had a son from another wife, he could throw a piece of cloth on the widow as a mark of acquiring her. Then he could dispose her at his will and pleasure. He had the option of either marrying her himself, or giving her in marriage to someone else and taking her dower. This custom, which was not peculiar to the Arabs, was abolished by the Qur'an.

Since women in the pagan Arab society did not generally have these qualities, they were themselves inherited like any moveable commodity after the death of an indebted husband. If the deceased husband had adult sons from other marriages, the oldest son amongst them had the right to add her to his household, just as a son inherits other chattels of his deceased father. She was unable to leave the house of her stepson unless she paid a ransom. As a general practice, men had the freedom to acquire as many wives as they desired with no set limits.

The advent of Islam brought justice for everyone!

ummtaalib · August 11, 2014

Warning against violation of the laws of Inheritance

Question: What does the Islamic Shariah say about those who violate the law of Inheritance?

Answer: Those who disrespect the law of inheritance are regarded as snatchers of others' property and rights and are considered transgressors of Islamic Shariah, be their violation partially or wholly. Allah (swt) has given a severe warning against the violation of the law of Inheritance. Allah the Exalted in power, has said, just after the description of inheritance, in the Qura'an,

“Those who disobey Allah & His Messenger and transgress His fixed limits, will be admitted to a fire to abide therein and they shall have a humiliating punishment.” (4: 14)

The Prophet had said,

'Whosoever usurps any thing of others illegally without his permission he, on the Day of judgement, would be thrust into seventh layer of the earth'. (Fatawa Mazahirul Uloom)

It should be kept in mind that to deprive daughters and sisters or to take their rights is flagrant violation of Allah’s command and is cruelty upon daughters and sisters. Whatever Allah (swt) has fixed for them or for any heir should be given to them. Distribution of inheritance is a divine law and to abide by that law is an act of virtue and a way to derive Allah’s pleasure and to violate that sacred law is to devise a way to Hell

Central-Mosque

ummtaalib · August 11, 2014

The Estate of the Deceased

According to the laws of inheritance the rights of the deceased are implemented in the following order:

1. Funeral expenses of the deceased within reason and according to Islamic teachings

Funeral expenses include all expenses relating to the washing of the corpse, shrouding (Kafan) which is three pieces of cloth for man and five for woman, transporting and burial of the corpse.

2. Settlement of debts

These include any personal debts or debts on any part of the total estate of the deceased like unpaid mortgage etc.

Also included in this settlement are outstanding zakat, unpaid dowry, expiation (kaffarah) of unkept Fasts, Salaah etc or performance of obligatory Hajj. However this settlement will be made if the deceased bequeathed for their payment in which case they will take the shape of a will (wasiyyah) and might be carried out up to one-third (1/3) of the remaining estate after payment of funeral expenses and debts.

3. Settlement of the wasiyyah (will)

After taking out the funeral expenses and debts, the wasiyyah (bequest) is to be carried out. A person has the right to make a wasiyyah from one-third of his estate (of what remains after payment of funeral and debt expenses) to individuals or organisations who are not among his inheritors.

4. Settlement of shares to the inheritors

Lastly those eligible to receive a share of the inheritance will receive their shares.

After burial, payment of debt and legacies each and every heir is entitled to get his respective portion fixed by Allah (swt) in the Qura'an and by His beloved prophet Mohammad (pbuh) in his Hadeeth or by what is approved by the Ijmaa (unanimity) of Muslim Scholars. (Fatawa Mazahirul Uloom, Vol. 8, P. 389) (Central-Mosque)

ummtaalib · August 11, 2014

Women & Inheritance

Islam being a complete religion gave rights to every living creature. In the times of ignorance: the pre-Islamic era, orphans, women and the weaker links in the human chain had become prey of many injustices and had no rights whatsoever, but the advent of Islam brought a change and a revelation that history had never witnessed before. Women, regardless of their dependency on men or their sensitive nature were given rights which were previously either non-existent or ignored. Out of the many rights women were given at the dawn of Islam is Inheritance.

(inter-islam)

It should be kept in mind that to deprive daughters and sisters or to take their rights is flagrant violation of Allah’s command and is cruelty upon daughters and sisters.

Whatever Allah (swt) has fixed for them or for any heir should be given to them. Distribution of inheritance is a divine law and to abide by that law is an act of virtue and a way to derive Allah’s pleasure and to violate that sacred law is to devise a way to Hell as it has been mentioned earlier. Maulana Mufti Ashiq Elahi has beautifully written in his book that Allah Almighty gave importance to the portions of daughters and said “Lizzakari Mislu Hazzil Unsayain” 'to the male a portion equal to that of two females’. (4. 11) meaning, Allah has not directly mentioned the portion of sons but He mentioned their portions by mentioning the portions of daughters.

(Central-Mosque)

Females who stand to inherit are often neglected. The sharee'ah, with its wisdom, has allocated shares for both males and females and it is important that these are abided by.

"For men there is a share in what the parents and the nearest kin have left. And for women there is a share in what the parents and the nearest kin have left, be it small or large, a determined share." [4:7]

Unfortunately, nowadays in society it is common that women are not given their share; rather they are contacted by the brothers who inform them of their plans for their share of the wealth and in doing so attempt to coax them into making the same decision. In many cases, due to the position of the brother in the family, the sister, daughter, etc. will find it difficult to actually acquire her share. Therefore the money should be physically handed over to her so that she can decide as she wishes.

(An Introduction to Inheritance in Islam by Shaykh Muhammad Saleem Dhorat)

In the pre-Islamic days the weaker class of people i.e. women, children, etc always remained victims to oppression and injustice. Islam was the first religion to make necessary arrangements to guard their rights. It was a pre-Islamic custom of the Arabs that no one other than the soldiers are deserving of the deceaseds estate which clearly excludes women and children and leaves the mature son to inherit the entire estate. This is understood from an incident that took place during the time of the Prophet (S.A.W.) before the verses relating to the distribution of the estate were revealed. A Sahabi by the name of Aws bin Thaabit (R.A.) passed away leaving behind two daughters, an immature son and a wife. On the fathers death, two of their cousins (uncles sons) came and took possession of the entire estate as their custom demanded that none of the children or the wife deserved it. On seeing this, the wife complained to the Prophet (S.A.W.). The Prophet (S.A.W.) awaited the revelation from Allah Taala with regards to this matter. It was at this moment that Verses 7, 11 and 12 of Surah Nisaa were revealed to Nabi (S.A.W.) who then passed the verdict in favour of the wife and children accordingly. (Maaariful Quran, Vol. 2, Page 309)

In these verses Allah Taala fixed the shares of the inheritors and gave it the form of legislation so that the right of each inheritor may remain safeguarded from the other and the oppressive pre-Islamic custom of the Arabs can be eradicated.

www.mahmoodiyah.org.za

To deprive women of Inheritance is a grave sin:

Question: There are some brothers who say that since their father has spent a lot of money on their sisters' marriages, their sisters have no right in inheritance and therefore, sisters would not get any thing from inheritance. Is the above statement of brothers valid in view of the Shariah?

Answer: The statement of brothers that large expenditure in sisters' marriages has terminated their right of inheritance, is a wrong statement that is against the law of Allah. Who could dare to change the law of inheritance that Allah Himself has laid down? Allah (swt) never asks any body to spend his property lavishly. The extravagance in the marriage for no other reason than to show off, can not cancel the right confirmed by Allah. Moreover, what a father spends on his children during his lifetime is considered as Ateeyah and Hibah (gift). That is not counted in inheritance, because inheritance is a right, confirmed only after the death of Mooris. Therefore, to count those expenditures, that father has made during his lifetime, as their shares and on that basis to deprive the sisters of inheritance is a heinous crime as well as deviation from Shariah. (Fatawa Mazahirul Uloom)

Question: There are some people who request their sisters to give up their rights and the sisters (either under the pressure of society or to continue their harmonious relations, willingly or unwillingly) surrender their rights of inheritance and brothers take all the inheritance. How is this?

Answer: Any act of this sort is absolutely unlawful in the sight of Shariah and the shares of sisters taken by the verbal permission do not become Halaal (permissible) for brothers because, this type of permission is always under ritual pressure and customs. The Prophet of Allah (pubh) said “Beware! Never do injustice to anyone. No property of a person is lawful for others without his cordial consent". Well, if brothers distribute the inheritance and hand over the portions to each sister then sisters return their portions to their brothers then only brothers can use it. This is the only lawful way. (Fatawa Mazahirul Uloom)

(Central-Mosque)

ummtaalib · August 11, 2014

How Islam Protects the Inheritance of the Wife

Some selfish husbands try deprive their wives of inheritance by giving them a divorce on their deathbed. These immature "men" may do this because of a grudge they are holding against their wife, or as an act of revenge. Little do most of these ignoramuses know, that Islam has established a ruling to protect the wife from such a stunt.

In case a person divorces his wife and the divorce is revocable, and this person dies before the revocation of the divorce and the expiry of his wife's waiting period, then this woman will get a share in the inheritance, for the marriage is in force.

If a person divorces his wife during his sickness culminating in his death, even though the divorce is irrevocable or pronounced thrice, and he died before the expiry of the waiting period, even then, this woman will get a share in the inheritance. And in order to make her inherit, the longer of the two waiting periods shall be taken as operative in the following manner:
The waiting period following a divorce is three menstrual periods and the waiting period following the death of the husband is four (lunar) months and ten days. The waiting period out of the two which lasts longer shall be prescribed as the waiting period for the aforesaid woman so that the woman may get a share in the inheritance as far as possible.

And if a person divorces his wife, irrevocably or by pronouncing it thrice, prior to any sickness culminating in his death and, a few days later he passes away during the period of his wife's waiting period, then, she will not get a share in the inheritance under this situation. However, if the divorce given was revocable, she will inherit. [Ma'ariful Qur'an]

SubhaanAllah, is there any religion in the world that goes to such an extent to preserve the right of the wife? Notice that even in the case of an irrevocable divorce, as long as the husband dies within the waiting period, the wife will still get her inheritance. And on top of that, the fuqahaa have ruled that the longer of the two waiting periods shall be considered, so she has an even greater chance of getting her share. If this is not perfect justice, I dont know what is.

Another slap on the face of the kuffaar and their idiotic claims.

Note: The detailed rulings of this particular mas'alah can be found on page 434 of the English translation of Bahishti Zewar (2005 Edition).

Source

ummtaalib · August 11, 2014

Importance of the Mahr (dowry given to the wife) and its role in Inheritance

Husbands are obligated to pay their wives the mahr (dowry). If the husband has died before giving the mahr, the obligation does not fall. The mahr will then be taken out of the estate left behind by the husband.

It must be ascertained before the' distribution of inheritance that the mahr (dower) of the wife has been paid. If the deceased has not paid the mahr of his wife, this will be taken as debt, and will have to be paid first from the total property, like all other debts. The inheritance will be distributed only after that. It should be noted that the woman, after having received her mahr, shall go on to receive her fixed share in the inheritance as a competent inheritor. And in case, the property left by the deceased is not more than the value of dower, and nothing remains after it is paid, the entire property will be given to the woman against her debt of mahr very much like other debts and, as a result, no heir will receive any share from the inheritance thus used up. [Ma'ariful Qur'an]

Since Mahr is treated like debt, the shari'ah makes sure that no heirs can get their share until it (the mahr) is given to the wife. Even if the mahr happens to exhaust the entire estate, so be it. The wife's right to the mahr will have to be fulfilled, even if it means the other heirs get nothing.

Source

ummtaalib · August 11, 2014

Are women denied equality by giving them a lesser share?

This question was being asked a lot by Western women and due to Western influence some Muslim women have been questioning the fairness with which property was divided. Islam was the first religion to give women rights, and a share in the inheritance at a time when women were considered property of their male counterparts and were denied all rights. A woman was not obligated by Islamic Law to help run the household by contributing money even if she is a working woman; it is a man’s responsibility to make sure that his family lives in comfort, hence the burden of providing falls on his shoulders. While a woman can spend her inheritance however she wants, a man was obligated to spend his earnings, savings and inheritance on his family, so Islamic Law has made it fair by giving women a lesser share in the inheritance.

Why do females get half the inheritance amount of males?

You enquire why females receive half the inheritance of their male counterparts. One must understand that the laws of inheritance are by Divine order. As Muslims, our attitude to a divine decree is simply to submit.

The point of satisfaction is in the fact that Allah is al-Hakīm (The All Wise). Every decree of Almighty Allah has innumerable benefits and wisdoms which we can never fathom or comprehend. Besides the many benefits in each individual law, the common thread in all the laws of Islam is that they consider the realities of life.

There is no room for emotions in these Laws. The Laws of Allah are not based on emotions. They are founded on the best possible course for humanity to follow. Each law, the law itself and its ramifications are beneficial for everyone and everything the law applies to.

From the day a woman is born to the day she passes away, she is never responsible to earn her own living. From birth to her marriage, her father or guardian is responsible to provide for her. After marriage, her husband is responsible to provide for her. When she gets old, her children are responsible to look after her. On the other hand, a male is tasked with providing and looking after his whole family.

If the male did not receive double the share, this would be injustice on the male. Everybody would be asking the question why Islam does injustice on the males as Islam tasks the male to provide and maintain the family, yet Islam does not channel to him the possible funds needed to uphold this responsibility.

For example, if a father passed away and his estate was worth £100,000. The son will receive £66,666.66 and the daughter will receive £33,333.33. The son may have to spend almost the entire amount in maintaining his sister and family. Whereas, the daughter who inherited, she will not be obliged to spend a single pence. She can keep the entire amount to herself. What is better? Receiving £66,666.66 and spending it all on others or receiving £33,333.33 and having the privilege of keeping it all to yourself?

And Allah Ta’āla Knows Best

Mawlana Faraz Ibn Adam,
Student Darul Iftaa

UK

Checked and Approved by,

Mufti Ebrahim Desai.

www.daruliftaa.net

Why a man receives twice what a woman receives in inheritance

In the name of Allah, the most Beneficent, the most Merciful.

Answer

Allah (SWA) in the Holy Qur’an has said:

“Allah enjoins you concerning your children for the male there is a share equal to that of two females” (Surah Nisa v.176)

On the authority of Jabir Radiallahu Anhu the Messenger of Allah and Abu Bakr visited me during my sickness, then they were walking by Banu Salama. He found me unconscious, he called for water, performed wudhu and sprinkled water on me, so I came to my senses. I said what should I do with my wealth, O Messenger of Allah. Then the verse was revealed ‘Allah enjoins you concerning your children for male there is a share equal to that of two females’. (Aasbab Nuzulul Quran by Abul Hasan Ali Ibn Ahmad) (Imam Bukhari and Imam Muslim also report this narration)

It is firmly established from the above narration that the male’s share is equal to that of two females.

The reason for men receiving double of what women receive I inheritance is justice, for the overwhelming majority of men take a wife and undertake to provide for her. As for women, they take a husband and load their livelihood on him, and this makes up for the deficiency in what they have inherited. It is also mercy, for a weak girl is greatly in need of kindness from her father and brothers. She also receives her brother’s kindness and protection free of rivalry and jealousy. He does not consider her “as a rival who will destroy half the family and give an important part of our property to someone else.” There will be no resentment and hostility mixed with his feeling of compassion and protection towards her. Thus, the girl, who is delicate and weak by nature, is apparently deprived of a small part, but in place of it she gains inexhaustible wealth in the form of the compassion and kindness of those close to her. Also, to give her more than her due with the idea of being more merciful to her than Divine Mercy, is not kindness, but a great wrong.

Only Allah Knows Best

Written by Tariq Uddin

Checked and Approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham.

ummtaalib · August 11, 2014

الوصیة Al-Wasiyyah (Bequest/Will)

A will is the authority given in writing by a person before his/her death that a certain portion of his property be given to someone, or pay his loans, or hand over to his successor and his children.

Making a will is highly recommended in Islam. It is mentioned in the Holy Qur’an in Surah Al-Nisa’a:

"The shares will be distributed after the payment of legacies (he may have bequeathed) or debts (which is left behind by the deceased)." (Qur'an 4:11-12)

Also in the Hadith of Holy Prophet (SAW) reported by Ibn Umar (RA) that Holy Prophet sallallaahu 'alayhi wasallam said;

‘it is not permissible for any Muslim who has property for wasiyyah that he stayed two nights without having a written wasiyyah with him’. [bukhari and Muslim]

Masaa'il (Rulings) Related to Making a Will

[Note: I'll only be posting those masaa'il related directly to making a will. All masaa'il other than those will be skipped]

1. When a person has neither heirs nor creditors and he makes a Wasiyyat for all his wealth to be contributed as he directs, then such a Wasiyyat will be valid.

2. The Wasiyyat will be valid only if the Musi (the one who makes the bequest) is sane and an adult.

3. The subject of Wasiyyat should be an object or a right which can be owned, e.g. a fixed property, a vehicle, garments or the right to live in a house for s specific time, e.g. 5 years. If a right (i.e. a right which is valid in the Shariah) is bequeathed, the asset (e.g. house) will remain the property of the heirs while the beneficiary of the Wasiyyat will enjoy the right of occupying the house for whatever time specified in the Wasiyyat.

4. A Wasiyyat in favor of an heir is not valid. However, if all adult heirs uphold the Wasiyyat it will be valid. But, nothing will be taken from the shares of minor heirs to fulfill the Wasiyyat in excess of one-third which the adult heirs have accepted to uphold.

5. A Wasiyyat for a non-Muslim is valid although there are no ties of inheritance between Muslims and Non-Muslims.

[Kitaabul Meerath by Majlisul Ulama of South Africa, pages 42-43 ]

The Kinds of Wasiyyat

There are four kinds of wasiyyat: Wajib, Mustahab, Jaa-iz and Haraam.

Wajib Wasiyyat (Compulsory)

1. It is obligatory for a person to make a wasiyyat if he has liabilities to discharge. He should declare his liabilities verbally to witnesses or reduce these to writing so that rights of others are not plundered or lost after his death. Such liabilities are debt, articles of trust (Amaanat) in his possession or any other right owing to others.

2. It is obligatory for a person to make a wasiyyat in regard to Fardh salaat, zakaat, Fardh saum, Kaffaarah etc. which he had not discharged.

It is a grave sin to refrain from Wajib Wasiyyat.

Mustahab Wasiyyat (Preferable)

1. It is Mustahab to make wasiyyat that the kafan (burial shrouds) and dafan (burial) be in conformity with the Sunnah and that no un-Islamic and bi'dah customs be organized.

2. If one's assets are considerable, it will then be Mustahab to bequeath any sum up to one third the value of the estate to charitable works, e.g. Musjid, Madrasah, etc. However, if one's estate is not considerable it will not be Mustahab to make a wasiyyat for charity since such a wasiyyat will prejudice the heirs. It is more meritorious to leave the entire estate to the heirs if the estate is small and the heirs are needy.

Jaa-iz Wasiyyat (Permissible)

It is permissible to make wasiyyat of all things which are permissible, e.g. a certain person should conduct the Janaazah salaat, etc.

Haraam Wasiyyat (Unlawlful)

It is haraam to make wasiyyat of anything which is not permissible in Islam, e.g. to bury one's body in another city; to bequeath wealth to such a person or institution which will utilize the funds in haraam activities; making a wasiyyat which interferes in any way whatever with the shares of the heirs.

It is also haraam to dispose of one's estate during one's lifetime if the intention is to deprive one's heirs. A man who has no sons sometimes is averse to his brothers or step-brothers inheriting. In such an attitude he shows displeasure with the decree of Allah Ta'ala. Consequently, he either disposes of his assets in his lifetime or he makes haraam bequests to deprive the rightful heirs. This type of transgression will be severely punished in the Akhirah.

[Kitaabul Meerath, pages 44-45]

ummtaalib · August 11, 2014

An Introduction to Inheritance in Islam

Shaykh Muhammad Saleem Dhorat (Hafizahullah)

A simple, concise and beneficial leaflet produced by the Islãmic Da'wah Academy:

introduction_to_inheritance.pdf

Last Will & Testament - Islamic Da'wah Academy

Last Will.pdf

ummtaalib · August 11, 2014

YOUR WILL – A FINAL ACT OF DEFIANCE OR OBEDIENCE…

Jamiatul Ulama of Gauteng

“Unto Allah do we belong and unto Him is our return” — these are the touching words which will be murmured by strangers, friends and relatives upon our imminent demise.

Not only do we return to Allah, our wealth which He had blessed us for a limited duration also returns to Him. We had come empty-handed into the World and empty-handed we shall return.

Allah, Most High becomes the sole owner of all our properties, businesses, furniture, vehicles, bank accounts, investments, gold coins, jewellery, crockery and even the very clothing we are wearing the day we die. Nothing and nothing goes into the grave with us except a pocket-less kafan.

Allah Most High being Most Kind and Merciful has given the owner of the wealth permission to bequeath one third conditionally to others. What these conditions are, could be learnt from reliable Ulama. The other two thirds have to be distributed in accordance to Allah’s Commands.

Please, no ifs or buts. No “he worked harder and she deserves more”. No trying to control the destiny of Allah-given wealth from the grave. And please, no fighting amongst offspring. Let Daddy/Abba/Papa go in peace with a last act of obedience to Allah. Do not pressurise him not to defy Allah by making his own will.

Kindly find for your convenience an Islamic Will with this issue of The Shariah. Every baaligh person should sign it and keep it safe. At most it will take an hour to read the will and to sign it. This one hour could make all the difference between your children fighting in courts and consuming Haraam for the rest of their lives.

WHAT YOU HAVE TO DO TO RENDER THE WILL VALID AND LEGAL

1) The testator (i.e. the one who makes a will) and two witnesses must sign each page of the Will.

2) The witnesses must not be under 14 years of age. They must be 14 or over.

3) The witnesses may not be beneficiaries or spouses of beneficiaries. For the purpose of signing Wills, 'beneficiaries' include the executors, administrators and guardians.

4) All signatories must be present throughout the signing process. No signatory may leave the room until all signatories have signed each page.

5) The date of signature should be inserted on the last page by the testator.

6) Any deletion, addition or alteration must be identified by the signatures (full signatures) of the testator and witnesses as described in No. 4, above.

IF YOUR MARRIAGE IS REGISTERED IN COMMUNITY OF PROPERTY

If by some misfortune you have registered your marriage in community of property, the Islamic Will will not be valid in terms of non-Muslim law. However, if for some reason you have cancelled or cancel your community of property contract, you can renew the registration of your marriage, if you so desire. When doing so, first enter into an Ante Nuptial Contract.

Such a contract will enable you to make an Islamic Will which will be valid even in terms of the law of the country.

Since it is compulsory according to the Shariah to distribute the deceased's estate in accordance with the Law of the Shariah, Muslims should make out an Islamic Will even if their marriages have already been registered in community of property. Although in this case the Islamic Will will not be valid in terms of kuffar law, nevertheless the testator should advise and instruct his Islamic heirs to fear Allah Ta'ala and to act in accordance with the Islamic laws of inheritance in the distribution of the estate. After the non-Muslim law has taken its course, the Islamic heirs must arrange a proper re-distribution of the deceased's estate to conform with the Command of Allah Ta'ala.

WASIYYAT

According to the Shariah, Wasiyyat is permissible for a non-heir. Wasiyyat in favour of an inheritor is not permissible. Clause No.5 (iii) of the Islamic Will (which is an insert with this edition of ‘The Shariah’) makes mention of Wasiyyat. If the testator makes no wasiyyat, section (iii) of clause No.5 should be deleted by striking a line across it. All signatories should identify the deletion with their full signatures.

If the testator wishes to make wasiyyat, the nature and description of the wasiyyat should be set out on a separate sheet of paper. On top of the sheet of the Wasiyyat paper, write: Schedule A — Wasiyat (see sample form below)

When making out the Wasiyyat, bear in mind the following:

a) A Wasiyyat cannot be made for any Islamic heir as such Islamic heirs inherit automatically in the estate of the deceased.

b) A Wasiyyat is valid in only one third of the balance of the estate after payment of funeral expenses and debts.

c) The Wasiyyat paper, viz., Schedule A, must also be signed by the testator and the witnesses.

The Masaa’il of gifts

1) A gift is only valid in the Shariah, when physical possession occurs.

2) One of the greatest problems is that after the demise of a person, people claim that “he gave it to me while he was alive”. Understand well that unless physical possession was not taken, it is an invalid gift.

3) Physical ownership means that the receiver is totally free to dispose independently with whatever has been gifted to him.

4) If such ownership was not established then all the heirs will inherit.

EXAMPLE OF A WASIYYAT FORM (This will be placed as an annexure to your Will)

SCHEDULE A – WASIYYAT

I, _____________________________, hereby make Wasiyat that one third of my wealth be distributed for:

1. Salaah Fidyah (State how many Salaats, or how many years of Salaat. This will naturally be updated regularly as one performs the Qadha-e-Umri)

2. Fasting Fidyah (same as for Salaat)

3. Qurbani (state how many Qurbanis)

4. Haj-e-Badal (If Fardh Hajj was not made)

5. Building of Masjid

6. Construction of borehole

7. Eesaale-Thawaab to person (name)

8. Eesaale–Thawaab (Institution name)

Testator:______________________

Witness 1: ____________________

Witness 2: _____________________

DATE: _________________________

Note: The above points are merely examples. One may have only some of the above and perhaps even add more than what is stated above.

Download a copy of the Jamiat will

will pdf jamiat.pdf

ummtaalib · August 11, 2014

Guidelines on Preparing a will and testament Islamically

Answered by Shaykh Muhammad ibn Adam al-Kawthari

Can you please provide me with general guidelines that would help me prepare my last Will and testament according to Islamic law?

Answer:

In the name of Allah, Most Compassionate, Most Merciful,

Writing and preparing a Will is undoubtedly very important, especially in non-Muslim countries, insuring that upon death, ones wealth and assets are distributed according to Shariah.

There are a number of Islamic texts, both in the Quran and Sunnah, which point to the importance of Will-making, for example:

Sayyiduna Abd Allah ibn Umar (Allah be pleased with them both) narrates that the Messenger of Allah (Allah bless him & give him peace) said: It is not befitting for a Muslim who has something to make a Will of, to remain for two nights without having ones last Will and testament written and kept ready with one. (Sahih al-Bukhari, no: 2587)

The narrator of this Hadith (Abd Allah ibn Umar ibn al-Khattab) stated after hearing this from the Messenger of Allah (Allah bless him & give him peace):

I did not let even one night pass by except that my Will would be kept by me. (Musnad Ahmad, 2/4)

Making a Will becomes even more important in non-Muslim countries, such as the United Kingdom and US. The reason being is that, failing to leave a valid written Will can result in the law of the land deciding on how your estate is to be distributed, which obviously will not be in accordance with Shariah (Islamic law).

Therefore, it is essential that all Muslims leave a valid written Will. Those who have, as yet, not made a Will should haste and prepare a Will. Writing a Will is not only for old people, rather all those who have reached puberty should quickly get their Will prepared, for there is no guarantee of when one will die.

Below are simple and brief guidelines with regards to preparing and writing a Will in the West:

The first and foremost aspect worth noticing here is that many Muslims are mistaken in believing that, writing a Will means distributing ones wealth and estate amongst the inheritors during ones lifetime.

This is incorrect, as making a Will does not mean one must divide ones wealth amongst the various inheritors in ones life; rather, one must merely stipulate in the Will that upon my death, my executors will distribute my wealth according to Shariah. One may also state that this will be determined by a local Muslim scholar or Mufti, who will be contacted and appointed by my executors upon my death.

The reason behind this is that the inheritance portions have been determined and allotted by Allah Most High in the Quran. These portions vary according to who is alive at the time of ones death. Death with leaving parents behind will differ from passing away after the parents have passed away, in that the inheritance portions will be different in both cases.

As such, one cannot determine in ones lifetime as to how much percentage of ones wealth will be exactly allocated to each individual, for one is unaware who will be alive at the time of ones death. Even the death of one person can make a big difference in the division and distribution of the estate.

The beauty of Shariah is its simplicity and certainty. When you are writing your Islamic Will, you do not have to try and figure out which of your relatives will still be alive when you die in order to make sure that they will receive something. Whoever administers your estate will ascertain (in collaboration with a knowledgeable scholar) which of your relatives are still alive and what fixed shares they are automatically entitled to inherit by applying the criteria of Shariah.

Moreover, it is unlawful and invalid to make a bequest (Wasiyya) in favour of an individual who automatically is entitled to receiving a share of the estate, such as ones spouse, children and parents, etc. The Messenger of Allah (Allah bless him & give him peace) said in his historic sermon (khutba) of his farewell hajj (haj al-Wada): Verily Allah has given each rightful person their right, thus there is no bequest in favour of a inheritor. (Sunan Tirmidhi, no: 2120, narrated by Sayyiduna Abu Umama al-Bahili)

The meaning of this Hadith is that Allah Almighty has already fixed and allotted the shares of those who are entitled to inherit from ones estate. As such, if one was to make a Will in their favour, one will be going against the shares fixed for them in the Quran and Sunnah.

However, if one wished to make a bequest/Will for a non-relative, or for a charity, then this would be allowed (and rewarded), but only up to a third of ones total wealth. The remaining two thirds will be left to be distributed amongst the relatives according to the fixed shares prescribed by Allah Most High. If one does not make a bequest of up to one third of the estate, then all of the estate will be divided between the surviving relatives. The Messenger of Allah (Allah bless him & give him peace) forbade from making a bequest of giving ones wealth in charity which is more than one third, and regarding a third also, he stated: And a third is also more (although permissible). (Sunan Tirmidhi, no: 2116)

The second point to remember here, which is very important, is that one must distinguish between a bequest/Will (wasiyya) and a gift (hiba). Many people fail to differentiate between the two, thus a grave error is committed.

What a person gives to another in ones lifetime is considered a gift whilst attributing the giving of something after ones death is a bequest or Will (Wasiyya). For example, if I give my house to a friend whilst I am alive, then that will be a gift, but if I was to say that my friend will take ownership of my house after I pass away, then that is a bequest.

At times, one would like to distribute ones estate amongst the children whilst one is alive. This will be valid provided it is given as a gift and not a bequest, because to make a bequest (or Will) for a relative who already qualifies to inherit is invalid, as mentioned previously. As such, if one desires to distribute the estate amongst the children whilst one is alive, then it does not have to be in accordance with the Shariah laws of inheritance, for it is merely a gift.

However, the question arises as to whether it is necessary to distribute the estate equally between the children? The answer to this is that it is permissible to give the male children twofold of that given to the female children, as it would have been distributed as inheritance. It is also permissible to give all the children, male and female, equal shares. However, to give less than this to the daughters or to completely deprive them of any share, or to be unjust in the distribution of the wealth among the sons, without a valid Shari reason, is considered to be blameworthy and sinful. One will be sinful for favouring one child over the other, although the gift will stand as valid.

Yes, if there is an Islamically valid reason, such as one child being extremely disobedient or involved in open sinning, it would be permitted to give him/her less. (See: Radd al-Muhtar)

A point worth noting here is that Islamically a gift is only valid and complete when the one to whom the gift is given, takes full ownership and possession of the item. Merely, registering it on ones name is of no consequence in Shariah, hence the gift will be considered invalid.

The possession in houses and properties will be established by the giving of keys, removing of furniture, and leaving no obstacles for the one whom the gift is given to come and reside in the property. Many times it is observed that the father only verbally says that this is your house, but he himself resides in the house and it is considered to be his. This will not be a valid gift. A gift is such that if the son was to say to the father: you must move out, he moves out without any hesitation, and it is completely understood to be the sons house.

Thirdly, there is the issue of the husband and wife. If the house is solely owned by the husband, then upon his death, it would be distributed among all the inheritors. Many times it is observed that years pass by after the husbands death and the inheritance is not distributed. The deceaseds wife and some children keep residing in the house without even thinking about distributing it. This is a grave sin committed by all those who overlook this great injunction of Shariah.

If the house was jointly owned by the couple, then in the event of one of the spouses death, half of the house will remain in the ownership of the other spouse, and the remaining half will be distributed. Thus, it would be wise for the couple to have joint ownership of the house. This also should be made clear to all the children, for being negligent in this regard brings about disputes and problems.

Note that if the inheritors give their consent in their mother or father residing in the house, then this is permissible. However, what is necessary is that the shares are distributed, and then they may give their consent in allowing their mother or father to reside. However, one must be extremely precautious here, for all the inheritors must consent to this from their heart and must not be pressurised into it. If even one inheritor disagrees, his/her share will have to be given to him/her.

The fourth point to note with regards to inheritance is that at times the deceased makes a unlawful and invalid bequest, such as saying that, my eldest son will take such and such property, the other such and such, my daughter will take the house, etc.

In this case, it will be unlawful (Haram) and a grave sin for the relatives to distribute the inheritance according to the bequest made by the deceased. The estate must be distributed in accordance with the Quran and Sunnah.

Finally, one must make sure that ones Will meets the requirements of the law of the land, for failing to do this may well render ones Will invalid. So in order to ensure that ones assets are distributed in accordance with the Shariah after ones death, one must write a Will, and that Will must comply with the requirements of the country one is residing in. Therefore, it is advisable that one seeks the advice of an expert practicing Muslim solicitor.

Having understood the above general guidelines regarding Will-making, let us now look at how an Islamic Will is written. Normally when making a Will, one would stipulate the following:

Revoking of all previous Wills.
Naming the executors of the Will.
Payment of funeral and burial expenses.
Payment of all debts connected to the servants of Allah: After ones death, paying off ones debts is given primary consideration. Thus, ones leftover wealth will first be utilized in repaying the debts, and then the remainder, if any, will be distributed amongst the inheritors according to the Shariah. Note that this is with regards to debts payable to the servants of Allah (and not with regards to liabilities due by Shariah, such as unpaid Zakat, etc). Also, there is no condition here of it being from only one third of ones wealth.
Payment of any bequest (Wasiyya): This refers to any religious liabilities, such as unpaid Zakat, Fidya for Salat, etc, and also anything that one would like to give in charity. However, the condition here is that this is only permissible from one third of ones wealth.

It is worth remembering here that along with ones written Will, one should have a separate document stipulating the number of unperformed prayers, missed fasts, unpaid Zakat, unperformed Hajj, any other religious obligations and debts payable to the servants of Allah.

One must strive in accomplishing these obligations in ones life, and make the necessary amendments to the document whenever an obligation is fulfilled. For example: One had 500 unperformed prayers. In such a case one should stipulate this in the document. Thereafter, whenever, a prayer is made up, it should be deducted from the total of 500. This important document should be attached with the Will in order to let the relatives know of ones obligations and liabilities after ones death.
Distribution of the remaining two thirds of ones estate (or full, if one does not include no. 5) among the inheritors in accordance with Sunni Islamic law, and in consultation with a qualified local scholar or Mufti.
Signing of the document by both the Will-maker and the relevant witnesses.

Finally, the responsibility of the relatives is that they haste in distributing the estate of the deceased as quick as humanely possible. Being negligent in this regard will be highly sinful. All the inheritors will be jointly responsible for this distribution.

Also, when totalling the deceaseds assets, the inheritors must include every big and small item left behind by the deceased at the time he/she passed away, which includes Properties, house, car, financial instruments, cash, gold, silver, clothes, furniture, etc.

At times, people overlook small items and give them away in charity without the prior consent of all the inheritors, which is unlawful (haram). The permission and full consent of all the inheritors must be sought before giving away any item to anybody.

I hope the above has been helpful in simplifying the laws governing the great responsibility of Will-making and inheritance. May Allah Almighty forgive our shortcomings and keep us steadfast on his Deen, Ameen.And Allah knows best.

Muhammad ibn Adam al-Kawthari

Darul Iftaa, Leicester, UK

ummtaalib · August 11, 2014

ISLAMIC WILL (According to English Law)

Inter-Islam

The following is an Islamic will and conditions for the will to be valid have also been listed. Those who require a copy of this will are free to make a printout of it.

WASIYYAT

According to the Shariah, Wasiyyat is permissible for non-heirs. Wasiyyat in favour of an inheritor is not permissible. Clause No.5 (iii) of the Islamic Will makes mention of Wasiyyat. If the testator makes no Wasiyyat, "section (iii) of clause No.5" should be deleted by striking a line across it. All signatories should identify the deletion with their full signatures. If the testator wishes to make Wasiyyat, the nature and description of the Wasiyyat should be set out on a separate sheet of paper. On the top of the sheet of the Wasiyyat paper, write:

SCHEDULE A - WASIYYAT

When making out the Wasiyyat, bear in mind the following:

(a). A Wasiyyat cannot be made for any Islamic heir as such Islamic heirs inherit automatically in the estate of the deceased.

(b). A Wasiyyat is valid only one third of the balance of the estate after payment of funeral expenses and debts.

©. The testator and the witnesses must also sign The Wasiyyat paper, “viz., Schedule A,”.

CONDITIONS THAT HAVE TO BE FULFILLED IN ORDER TO RENDER THE WILL (WASIYYAT) VALID AND LEGAL

(1). The testator (i.e. the one who makes a Will) and two witnesses must sign each page of the will.

(2). The witnesses must not be under 14 years of age. They must be 14 or over.
(3). The witnesses may not be beneficiaries or spouses of beneficiaries. For the purpose of signing Wills, `beneficiaries' include executors, administrators and guardians.

(4). All signatories must be present throughout the signing process. No signatory may leave the room until all signatories have signed each page.

(5). The date of signature should be inserted on the last page by the testator.
(6). The signatures (full signatures) of the testator and witnesses must identify any deletion, addition or alternation as described in No.4, above.

WASIYYAT (ISLAMIC LAST WILL)

(1). I, the undersigned, ___________________ hereby cancel all former testamentary dispositions of whatsoever nature hereto formed by me, and declare this to be my last wasiyyat.

(2). I hereby nominate and constitute,

(i) ____________________________,

(ii) ____________________________,

(iii) ____________________________,

jointly and severally, to be the Executor(s) of my Will and Administrator(s) of my Estate, granting to them all such powers allowed in law, especially the Power of Assumption.

(3). My said Executor(s) and Administrator(s) shall not be obliged to furnish any security to the Master of the Supreme Court for the due and proper administration of my estate as laid down by the provisions of Act 66 of 1965 or any law governing the administration of estates.

(4). I hereby direct that my said Executor(s) and Administrator(s) proceed with the distribution of my Estate in the following order of priority as commanded by Islamic Law:

i. Payment for my funeral expenses
ii. Payment of all my debts
iii. Payment of the Wasiyyat as set out hereby

iv. Distribution of the residue of my Estate to my Islamic heirs in accordance with Islamic Law.

(5). My said Executor(s) and Administrator(s) shall endeavour to ascertain what amount, if any, is due by me in respect of my religious liabilities and obligations in accordance with the tenets of the Islamic faith until the date of my death; and for the guidance of my Executor(s) and administrators, I hereby declare that at present my liabilities on this respect are as follows:-

i. Unpaid Zakaat (Annual Poor Rate)
ii. Unaccomplished Hajj
iii. Un-kept Sawm (Fast)
iv. Unperformed Salaat
v. Unfulfilled Compensation (Kaffaarah)
vi. Un-discharged Vow (Nazar/Mannat etc).
vii. Un-discharged Sacrifice of animal (Adh'hiyah / Qurbaani) or other Waajib (Lawful obligation)

viii. _________________________________

ix. ___________________________________

x. ___________________________________

and accordingly I hereby direct and make Wasiyyat that such amounts shall be paid as a first charge to such persons or institutions / establishments as my Executor(s) and Administrator(s) shall determine to be entitled thereto according to the laws of Islam. The total amount payable under this clause shall not, however, exceed thirty-three and one-third per cent of the net value of my estate after the payment of all my lawful obligation, and all debts contracted by me during my life time, including Mahr (Dowry), Funeral expenses and expenses connected with the administration of my estate.

(6). In the event of any balance remaining out of the thirty three and one-third per cent of the net value of my estate as mentioned in Clause 5 hereof, then I hereby make Wasiyyat according to the laws of Islam and give and bequeath (leave by Will), as free and absolute legacies, to the following charitable institution / establishments or persons out of such balance, the amounts as are set opposite their respective names, as follows:- (e.g. Darul-Uloom, Holcombe Nr Bury, BL8 4NG, U.K.)

i. _________________________________________ __________

ii. _________________________________________ __________

iii. _________________________________________ _________

(7). It shall be the duty of my Executor(s) to determine who are my rightful heirs in accordance with the Islamic Law and what share each is entitled to receive. I do hereby nominate such persons in the shares determine, to be the heirs of the whole of the residue of my Estate, wherever situate, in the U.K., or elsewhere.

(8). A Certificate stating the rightful heirs in my Estate, showing their respective shares therein in accordance with the Islamic Law issued by the Mufti of any recognised Islamic theological body, or by any certified Aalim (qualified scholar of Islamic Law), shall be accepted for all purposes as a lawful document, determining my rightful heirs.

(9). In determining my heirs, my Executor(s) or any Muslim Judicial Council / Body or any certified Aalim of the Islamic religion shall take full cognisance of any marriages lawfully contracted by me anywhere in the world according to the tenets of the Islamic faith.

(1O). I hereby direct that any share under this Will hereto falling to a female shall be paid to and fall and belong to her sole, absolute and exclusive property, and be excluded from the community of property that may now or hereafter exist between her and any husband she has married or may marry and shall be from the jus mariti and right of administration ordinarily to him accruing whether by virtue of the law of community of property or otherwise. The receipt alone of any female inheritor in my Estate, without the assistance of her husband, shall be a good and sufficient discharge to my Executor(s) / Administrator(s) therefore.

(11). It is my express desire that my Executor(s) Administrator(s) shall wind up my Estate as promptly as possible until the final approval of the liquidation and distribution account. Any business carried on in my name at the time of my death, or any other assets belonging to my Estate, by arrangements between the heirs, be taken over by any or all of them. Any inheritance accruing to a minor child in terms hereof shall be retained by my Executor(s) Administrator(s) in trust for the benefit of such a minor until that minor attains the age of majority as determined by Islamic Law, in which event my said Executor(s) / Administrator(s) shall pay over to the said minor his / her share of the inheritance, and may be utilised to acquire any business or assets in the Estate, or any share in such business or assets, or any investment deemed suitable by my Executor(s) / Administrator(s) provided that the investments are in accordance with Islamic Law. And my Executor(s) / Administrator(s) are authorised in their discretion to apply the income and in case of need a portion of the capital of the Trust assets for the maintenance, education and general welfare of the beneficiary of the Trust provided that any such application of income is in accordance with the Islamic Law.

No minor heir shall be entitled to participate in any discussion or matters affecting my Estate, without the approval of my Executor(s) / Administrator(s). If no agreement is reached between my heirs within a reasonable time, all Estate assets shall be realised and the proceeds distributed in the manner aforementioned. My Executor(s) /Administrator(s) shall have the right to carry on and continue any business carried on in my name in partnership or otherwise, at the time of my death, so long as they may consider it desirable for the benefit of my heirs in their absolute discretion.

(12). In the event of any one or more of my said Executor(s) / Administrator(s) predeceasing me, or dying during his term of Office or declining to act, then the remaining or surviving Executor(s) / Administrator(s) shall be authorised to act alone. Furthermore in the event of all such Executor(s) / Administrator(s) predeceasing me or dying during his term of Office or declining to act, then I declare that any Islamic Judicial body shall be authorised to appoint one or more Executor(s) / Administrator(s).

(13). My said Executor(s) / Administrator(s) shall not be required to pay any minor's inheritance into the Guardian's fund, nor shall they be required to furnish any security to the Master of the Supreme Court for the due administration of the inheritances due to such minors.

(14). My said Executor(s) / Administrator(s) shall be entitled to make reasonable periodical payments for the proper maintenance, education and support of such heir, and to deduct such payment from the inheritance of such heir.

(15). I hereby direct that my body be buried within the town / country that I die and must not be moved to another country.

(16). I hereby direct that the least possible expenses be incurred in my shroud, coffin and other burial expenses.

(17). I hereby direct that a certificate issued by a competent Islamic Judicial body or by any qualified Aalim in Islamic Law shall be binding and conclusive as to the aforesaid Islamic Law and the distribution of my Estate.

Note: An Aalim in Islamic Law for this purpose will be any man recognised as a qualified Aalim by any Islamic Judicial body.

(18). I hereby direct that the Wasiyyat be examined by an Islamic Judicial body or by any qualified Aim described in no. 17 above, and a certificate as to the validity of the Wasiyyat in Islamic Law be obtained from the Islamic Judicial body concerned.

(19). I hereby direct that if the Wasiyyat be in conflict with Islamic Law, the Islamic Judicial body concerned in examining this Wasiyyat will have the right to annul the Wasiyyat, the whole of it, if the whole be in conflict with Islamic Law or annul that portion of the Wasiyyat which conflicts with Islamic Law.

THUS DONE and EXECUTED at _______________ this ___________ day of _______________

19 ______ corresponding with the Islamic _____________________ day of __________________

14_______ in the presence of the subscribing witnesses, who signed in each other's presence, all being present at the same time.

WITNESSES: (i) ____________________________ (ii) __________________________

TESTATOR: _____________________________________________________________

ummtaalib · August 11, 2014

Registering An Islamic Will in Canada

Al-Madhabah

Answered by Shaykh Yusuf Badat

Question:

Assalamu Alaikum,

I hope this question reaches you in the best Iman and health Insha Allah.

I wanted to know how to obtain a copy of an Islamic Will and how to have it registered in a way recognized by the Canadian authorities. Are there some things I need to know or do to ensure an appropriate Islamic will in Canada?

This information will be very appreciated.

Answer:

Jazakumullahu Khairan / Thank you for your question.

It is extremely important to have a Will prepared and written. The reasons for this amongst others are as follows:

1. The Prophet Muhammad (pbuh) has emphasised the preparation of a Will at one’s earliest opportunity. According to a narration reported by Abdullah ibn Umar (ra), the Messenger of Allah (pbuh) said: “It is not befitting for a Muslim who has something to make a Will of, to remain for two nights without having one’s last Will and testament written and kept ready with one.” (Sahih Bukhari)

2. If a Muslim does not have a Will in a non-Muslim country such as Canada, the distribution of one’s wealth after death will not be done in accordance to Islamic laws. For example according to the Canadian SLRA (Succession Law Reform Act) if one dies as an intestate (without a written will), the Canadian authorities will distribute the wealth of the deceased as follows in order of merit(which does not meet islamic requirements):

Firstly the preferencial share of upto $200 000 will be given to the spouse that remains behind and the remaining amount distributed equally to the children of the deceased.
If one has no spouse, the wealth will be divided equally to all the children.
If one has no spouse or children, the wealth is inherited by parents.
If one has no spouse, children or parents, the wealth is given to brothers and sisters.
If one has no spouse, children, parents, brothers, sisters or any other inheritors, the wealth is taken by the government.

It must be borne in mind that the distribution of one’s inheritance with allocated portions is specified by Almighty Allah in the Holy Quran. A Muslim’s wealth, estate and assets are to be divided amongst the eligible heirs in accordance to these stipulated shares. A Muslim adhering to the injunctions of Islam cannot choose to distribute his or her assets the way one pleases. Rather the wealth of the deceased is to be divided according to the shares specified by Almighty Allah.

Almighty Allah says in the Holy Quran regarding this; “There is a share for men and a share for women from what is left by parents and those nearest related, whether the property be small or large, legally fixed shares by Allah” (Holy Quran 4:7)

It is important to understand that, while living in a non Muslim country such as Canada, one can still have an Islamic Will prepared and registered, that is also recognized by the Canadian law. With this method one is assured that one’s inheritance is distributed amongst the heirs that meet both Canadian and Islamic law.

Some basic Islamic requirements are as follows:

Firstly, all debts of the deceased are to be paid off
Secondly, funeral expenses are to be paid
Thirdly, any bequest are to be fulfilled from one third of the wealth (bequest can only be allocated to one third of one’s wealth. Bequest cannot be made for inheritors designated by Almighty Allah)

Finally, the remaining wealth is to be divided according to the allocated shares and designated heirs as per the injunctions of the Holy Quran (refer to an Islamic scholar for your individual cases).

Usually, a Will that meets Canadian law comprises of the following particulars:

Name
Name of Executor/s
Asset Distribution
Signatures
Witnesses
Dates

Our advice to you is to consult both legal experts and Islamic scholars to help prepare your Will. It is also advisable to appoint executors (individuals, organization or trust company) along with witnesses. Thereafter, legal experts will help you register your will and make it an official document recognized by the Canadian government.

A sample Islamic Will that can meet both Canadian legal and Islamic requirements can be found by CLICKING HERE. It will be advisable to take this document to both the Islamic scholar and also a legal expert as you prepare your Islamic Will.

And Allah Knows Best

ummtaalib · August 11, 2014

Orphans & Inheritance

All children have the right to be clothed fed and protected until they are adults, to receive love and affection from their parents and to be treated as equally as their siblings.

These rights do not end when they become orphans. Their caretakers are primarily responsible for protecting orphans and instilling the values of the Qur'an and an appropriate reverence for Allah. The Qur'an says:

Therefore, as for the orphan, do not oppress (him).[93:9]

As for the inheritance of the orphans, warnings of grave consequences have been mentioned when their wealth is devoured:

Give unto orphans their wealth. Exchange not the good for the bad (in your management thereof) nor absorb their wealth into your own wealth. Lo! that would be a great sin.[4:2]

Lo! Those who devour the wealth of orphans wrongfully, they do but swallow fire into their bellies, and they will be exposed to burning flame. [4:10]

ummtaalib · August 11, 2014

Further Information

Death, Wills & Inheritance in Islam - Shaykh Ahmed Ali

In this talk, Shaykh Ahmed Ali talks about a wide variety of other things too; including fulfilling the rights of the believers, status of women in Islam & more.

Importance of Islamic Will and Inheritance

Shaykh Khabbaab Ahmad DB

http://www.youtube.com/watch?v=0XSgzmaKxuo

The importance of wills and inheritance

Sheikh Mumtaz ul Haq

On YouTube

http://mfi.re/listen/m46ngduar1t3tt2/The_importance_of_wills_and_inheritance-_Sheikh_Mumtaz_ul_Haq.mp3

Inheritance, the full detail

This is a recent lecture by my Beloved Father, Moulana Haroon Abasoomar (may Allah protect him) in which he has highlighted -in detail- all that needs to be known on this crucial topic. Al-Miftah

Download here

Mufti Abdur Rahman Mangera

Some Laws on Death and Inheritance

Zamzam Academy

Common Shortcomings committed in Inheritance (Meerath)

By Mufti Nazar Kaleem Qudsee Al-Qasmi

Central-Mosque

Preparing an Islamic Will

Islamic_Will_1stEthical.pdf

Islamic Inheritance Law

General Rules and Shares

Muhammad Razi

InheritanceLaw_0_4.pdf

Islamic Law of Inheritance

by Dr. Abdul Hai Arifi (r.a)

IslamicLawOfInheritanceByDr.AbdulHaiArfir.a.pdf

Inheritance in Islam

Muhammad Imran Muhammad

Read Online

Basic Inheritance Chart

Al-Islam

Leaflet - Basic Inheritance Chart.pdf

Taqseem -e- Wirasat Ki Ahmiyat (URDU)

By Shaykh Mufti Abdur Rauf Sakharvi

Read Online

Ahkaam-e-Miraas aur Tareka Taqseem-e-Miraas (URDU)

Ilm_Ul_Faraiz_version_1.pdf

Acacia · August 17, 2014

Insha'Allah, to raise awareness, general information on the topic of inheritance in Islam has been compiled under this thread. For specific information on shares received by heirs, it is imperative that we consult scholars with well-founded knowledge in the area of Islamic inheritance. For this purpose, articles and fataawa that deal with specifics have been excluded and those who wish to learn more are strongly encouraged to consult learned scholars.

ummtaalib · August 24, 2014

:::: Laws relating to the Deceased ::::

See following link:

BATHING * SALAT AL-JANAZAH * BURIAL * TA`ZIYAH * INHERITANCE & ESTATES

* ISAL AL-THAWAB * WILLS & TESTAMENTS

ummtaalib · September 1, 2014

Islamic Inheritance Laws

Simplifying & Understanding 'Ilmul Faraaidh according to the Hanafi Madhab

Acacia · October 18, 2014

Masha'Allah brother Arslan has a blog dedicated to the topic of Islamic Inheritance Laws (according to the Hanafi Madhab). Brother, insha'Allah contribute under this thread as well.

Arslan · October 18, 2014

Masha'Allah brother Arslan has a blog dedicated to the topic of Islamic Inheritance Laws (according to the Hanafi Madhab). Brother, insha'Allah contribute under this thread as well.

JazaakAllah. Its the same one already posted in post #21.

Still in the works, many more topics to cover. As of now, I am getting it reviewed by various `ulamaa. So far Mufti Ismaa'il Moosa has looked at it thoroughly and gave it the "seal of approval" as well as Maulana Muntasir Zaman and Darul Uloom NY. Currently, Mufti Zameel-ur-Rahman is giving it a look. Alhamdulillah, no mistakes have been found so far.

Insha'Allah, my intention is to get as many `ulamaa to review it as possible and then post their names on the site to make it "official". The more the merrier. Requesting du'aas.

ummtaalib · October 18, 2014

Allah ta'ala grant acceptance!

We were thinking of looking for Q/A's with simple examples of how a Mufti would calculate the heirs' shares. Unfortunately, nothing simple could be found. Due to the complex rules we thought it best not to touch this area. Perhaps you have compiled such examples?

Unfortunately not many are even aware of the punishment awaiting those who simply do not care about the shares of the rightful heirs. In many communities when a person dies, his/her property is simply taken by the nearest kin. Women and often orphans especially are neglected when it comes to their rightful shares.

Arslan · October 18, 2014

Allah ta'ala grant acceptance!

We were thinking of looking for Q/A's with simple examples of how a Mufti would calculate the heirs' shares. Unfortunately, nothing simple could be found. Due to the complex rules we thought it best not to touch this area. Perhaps you have compiled such examples?

Unfortunately not many are even aware of the punishment awaiting those who simply do not care about the shares of the rightful heirs. In many communities when a person dies, his/her property is simply taken by the nearest kin. Women and often orphans especially are neglected when it comes to their rightful shares.

Ameen.

Yes, I've tried to make it as simple as possible so I've included examples for every single rule and law covered. However, you have to build up to it. If certain rules aren't understood before hand, calculating shares is not possible.

The whole point is that it be accessible to laymen who wish to at least learn the basics, while at the same time those who are interested and motivated enough can learn more in-depth. Not many English resources on inheritance law online, so I decided to start my own.

Unfortunately thats true. Many people have neglected these laws, which Is why I stress on them a lot. Not to mention the injustice that happens when the estate is divided. Brothers force their sisters to give up their share, and the sister thinks she is obligated to. If people were educated about their rights when it comes to inheritance this would not happen. On the one hand the female is being oppressed, and on the other hand the male is consuming the fire of Jahannum with that haraam wealth he has wrongfully acquired.

This is a big issue and I think more `ulamaa' need to tackle it.

Importance of Inheritance in Islam

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