Status of a Will

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Q: Please explain the status of making a will in Islam.

A Hadeeth mentions that a person who has any belongings should not allow even two days to pass without having a will. (Kanzul Ummaal V16 P613). 

Another Hadeeth mentions that a person who dies and leaves a will has died on the right path and the Sunnah, on piety and martyrdom and has been forgiven. (Kanzul Ummaal V16 P613).

Rasulullah (Sallallaahu Alayhi wa Sallam) said that he saw two women in a dream and both were in Jannah. One was speaking while the other was silent. “I said to the one who was speaking: Why are you are speaking and she is silent?” She replied: ‘I had written a will and she died without a will. Thus she will not (not be allowed to) speak till Qiyaamah.’ (Kanzul Ummaal V16 P620).

It is, therefore necessary for every Muslim who owns anything of considerable value to leave a will.

Moulana Yusuf Laher

Wife Inheriting after Iddat

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Q: A man has 2 wives. He divorces the 2nd wife and he passes away after she completes her iddat: a) does the divorced wife inherit from her deceased ex husband? b) do the children of the divorced wife inherit from the 12.5% inheritance of the 1st wife? c) The daughter of the 1st wife predeceased her mother. Do the daughter's heirs inherit from the 12.5% of their grandmother?

The divorced wife does not inherit from the ex husband after the Iddat has expired.

If the children of the divorced wife are his then they will inherit, otherwise not.

This depends on who all survived the grandmother.

Moulana Yusuf Laher

Inheritance for Wife, 2 Sons, 3 Daughters

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Q: How do I distribute my father's property after his death among his one wife, two sons and 3 daughters?

A: The wife will receive 12.5%
2 sons will share 50%
3 daughters will share 37.5%

Moulana Yusuf Laher

Inheritance for ex Husbands, Children from Previous Marriage

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Q: Please help me with the following:

1. Man has a wife, and two children from a previous marriage. What are the shares of each heir? The man is currently married. He has one daughter and one son from a previous marriage. He has no parents. He has brothers and sisters but I'm not sure if they should inherit, that is why I need clarification.

2. A wife has a husband, and 6 children from a previous marriage. What are the shares of the husband and children? The woman is also currently married and has no children, but has six sons from a previous marriage. If she passes on, what shares must the husbands and sons get?

1. The wife will get 1/8th. From the balance the son will get 2/3rd and the daughter 1/3rd.

2. On condition she has no parents, the current husband will get 1/4. The ex-husband does not inherit. The six sons will share the balance equally.

Moulana Yusuf Laher

Usurping Inheritance

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Q: My father and his siblings were 4 brothers and 1 sister. Due to my grandfather's death at an early age when my father was quite young and the business was looked after by my father's eldest brother. Our building was also at that time being constructed which was also looked after by the eldest brother and even by my father. But soon after the marriage of my father's eldest brother he claimed everything because he took care of the business which was a leather factory; it all belonged to him and so no one else had the right over it. And now after his death this factory is taken over by his wife and the rest of the family is deprived of its income. His wife even claims her rights in other properties but does not give anybody from the family even a penny from the factory. This has become the major cause of fighting in the family and the family ties have now broken almost completely. There are frequent fights in the family which is very heart breaking. The daughters of this woman have abused my mother very badly which has broken my heart and now I don't even feel like talking to them. And if we even try to talk to them and keep a good relation with them they think we have some hidden intentions behind it. So I would like to ask: don't we have any right over the factory and its been nearly 25 years since it all started? And secondly because of of them abusing my mother so badly if I don't talk to them am I committing a sin? Please advice.

Your question refers. We take it in good faith that your explanation of the family situation is accurate and correct then. Our answer is based on the fact that you provided us with true information about your grandfather's inheritance, since there is no way that we can obtain information from the other parties on this matter. We only have your account of the situation.

Based on this, we submit that the factory and all property left behind by your grandfather had to be inherited by your father and his siblings. Your grandfather's estate had to be divided into 9 equal shares. Each of his sons would receive 2 shares and the daughter 1 share. This applies to all property, movable and fixed. As for the running business, your uncle who was in charge of the business had to pay out all heirs their shares in the business at the time of your grandfather's death. These shares apply to the property, fixtures, fittings, stock, and any cash money either in the business or in the bank. Thereafter he could continue running and controlling the business for his own personal gain. He had no right to assume control of the factory and deprive others of their rightful shares.

If he did this as you say, then he has committed a major haraam act and he currently is accumulating haraam income. Any profit he makes from that business is haraam for him to use. Those profits must be given away in charity. Allah knows best

What has further exacerbated the situation is that you people are now not on talking terms. We advise that you keep minimum contact with them in spite of what they have done; don't break off ties completely. From your side you need to fulfill the law of Allah Ta'ala, which is to maintain ties as long as you can. You don't need to be close to them, but neither break away entirely.

For example, greet them on Eid day or other important occasions.

Occasionally send them some gifts or food, etc.

If you have Ulema in the town where you live then ask them to speak to your uncle about the matter or to write to him on this subject. If this doesn't happen, or your uncle still refuses to release the shares, then rest your case with Allah Ta'ala. Allah reward you for your sabr and forbearance, and compensate your family for any losses incurred -- aameen

Mufti Siraj Desai

Inheritance for Husband, Daughter, Sons, Mother

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Q: A lady passes away and leaves behind her husband, a daughter, two sons, her mother, two sisters, one brother, one grandson and two granddaughters from her daughter. How is her estate divided?

Husband:     25%
1 daughter:  11.67%
2 sons:        46.67% shared between them
Mother:        16.67%

The others do not inherit.

Moulana Yusuf Laher

Inheriting from Aunt

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Q: My dad's sister passed away recently and she left some wealth behind. My dad's sister has 3 daughters and no sons. My dad has two sons and no daughters. My dad has also passed away. My dad's sister has a husband who is alive and three daughters. Her parents, brothers, sisters, grandparents have all passed away. Under Islamic law are we entitled to any inheritance if so what percentage?

The correct answer is as follows:
The estate will be divided as follows:
Each daughter will receive 22.22% each.
Husband 25%.
Two nephews 4.166% each.

Moulana Yusuf Laher

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