Inheritance

Distribution Of Estate

QUESTION: My aunt passed away 6 years ago. Her parents predeceased her and she had no children. She is survived by her husband, with children conceived by my aunt, and two sisters with children i.e. 3 boys and 1 girl. Her three brothers also predeceased her, survived...

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Rightful Heirs

QUESTION: A woman passed away leaving behind her husband and son, who know reside with the child's paternal grandparents. During her lifetime, the wife owned and used some baking appliances and other items which remained in the marital home. A few months after her...

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Bequest To Be Buried Abroad

QUESTION: A person emigrated to a new a country. He made a Wasiyyat for his body to be returned to his home country for burial. Will it be permissible for his family not to fulfil this Wasiyyat, giving preference to the teachings of Shari'ah? ANSWER: In principle, it...

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Sharing Inheritance Equally Between One’s Children

QUESTION: I am embarking on drawing up a will. I have a son, a daughter and a wife. Can I split the inheritance equally between my two children? ANSWER: The shares of the inheritance case are as follows: The son would receive 58.33%, the daughter would receive 29.17%,...

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Bequest of a Non-Muslim for a Muslim

QUESTION: Is it permissible for a non-Muslim parent to bequeath more than one third of their wealth to their Muslim son? The parent wishes to divide his estate equally between his two sons, one of whom is a Muslim. Will the Muslim son be allowed to accept the bequest?...

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Gifting

QUESTION: A person passed away and is survived by his wife, two sons and a daughter. The deceased kept some money at home which he regarded as both his and his wife's to be used for household expenses. Does this money belong to the wife, or does it form part of the...

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Appointing an Executor

QUESTION: If there is no executor clearly stipulated in a will, how does one go about appointing an executor? ANSWER: Generally, an executor is appointed and recorded in the will. If the deceased has not recorded any executor to wind up the estate, you may refer to...

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Distribution of Assets in Estate

QUESTION: With regards to the distribution of assets in an estate, how do the heirs resolve a situation where one heir is in disagreement with the proposed decision? ANSWER: It is imperative to understand that the laws of inheritance are stipulated in the Quraan...

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