Distributing an estate according to an unislamic will

Q: My mother passed away not long ago (my father died 20 years ago) and she left a will that her home was to be sold and the proceeds shared equally amongst us 4 siblings - 2 brothers and 2 sisters. However, one of my brothers said he is entitled to twice the share of us sisters (other brother agrees to equal shares). I asked my local imam and he said that if a will was not made then Islamic law would be put into effect but my mum was in sound mind when she made the will and there is no problem with sharing it equally amongst us. Is this correct?

A: This is an unislamic will. Hence, it is not permissible for the heirs to wind the estate and distribute the wealth of the deceased according to this unislamic will.  If they do so, they will be sinful as well as the deceased. The laws of inheritance have already been predetermined and stipulated by Allah Ta'ala. The sons will inherit double of the share of the daughters.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)