Distribution of the estate

Q: Could you please advise on the following situation.

A disabled widow passed away recently. She had 3 sons, 1 of which is deceased (has 1 son). During her life she had disowned both her living sons who caused her alot of grief due to their bad habits (drugs, gambling and fraud), which resulted in them stealing from her and being abusive towards her. One son is behind bars and the other is in the city but we are not familiar with his whereabouts. She had only 1 sibling, a sister and her family who saw to all her needs. We now need to sort out her estate but the will that she originally made was amended but is nowhere to be found at this point in time. In the amended will she had left 1/3 of her estate to her grandson (from her deceased son).

Please advise on how her estate should be divided.

1. The will

2. The house which is part of the deceased mother's trust and from which the deceased was receiving a monthly income.

3. Sorting/distribution of her personal belongings.

Husband refusing to give wife her possessions after divorce

Q: Currently my husband and I are separated after domestic violence and assault. I did leave myself after the physical abuse. I have now requested a faskh-e-nikah from Jamiatul Ulema. I have a 3 year old daughter.

1. I understand after the divorce, that shariah gives me custody until age 9/10 provided I do not remarry. What would be a fair amount of visitation/sleep over, with her best interest in mind in accordance with shariah for my husband with regard to our daughter considering her best interest with regard to her age and that I'm staying 400km from his home.

2. When we got married my husband agreed on giving me an allowance each month. Over the last several months he stopped giving me this allowance and he said he's saving it for me. Now he refuses to give me the R55000 that I had saved with him prior to the seperation.

a. Am I entitled to this money?

b. In the 5 month separation and iddah period that will inshallah soon follow, am I entitled to receive this allowance? He has not paid any maintenance in this separation period so far except for paying my medical aid.

3. He refuses to return my jewellery that was given to me from him and his family on engagement and nikah. He says it will stay with my daughter because it has to remain in the family. He also refuses to return any clothing or any other items (laptop etc) he purchased for me and that I purchased with my allowance over the 5 years. Is he allowed to refuse returning of my things even though I have taken ownership of theses things.

Secret nikaah

Q: I am an unmarried girl of age 32. I lost my father 9 years back. I dont have a brother. My mother is not getting any suitable alliance for me. I changed my mind and started searching for a divorcee and widowed person with child also. But then also I didnt get. Hence i started thinking for a married person also. Each and every day I am facing problema and coming close to gunah. No one is understanding me. Every time they are telling me to have patience.

I got a person who is married and has a 7-8 years old daughter also and he wants to marry again. He stays about 900 km away from me and says that he will only tell their family members after gettimg married to me. However he says that he will surely come with 8 to 10 people from his society to marry me. He says that he was searching for another girl for the last 3-4 years as he has some issues with his wife. For that he has said to his in-laws also that he has problems and they should ask their daughter about it. But nor his wife or his in laws are listening or giving any attention. My mother does not agree. All of the family members are saying that I will be cursed by his first wife and I will be hurting his first wife by marrying him. Pls suggest what to do.

Its an extreme condition for me.

1. Is it ok to marry that man?

2. What does the shariat say about 2nd marriage of a man, does he destroy his first marriage by 2nd marriage?

3. What does the shariat say for the anger and curses of the 1st wife?

4. If the man is not at all ready to divorce the first wife at any cost and intends to give equal rights then is it right to say that the 2nd wife is destroying the first wife's house?

Abortion

Q: I have a very complex problem. A 33 year old nmarried lady who has decided to go for artificial insemination. She is 4 months pregnant. She did not discuss her intentions with her family before taking this step. Islamically artificial insemination is not allowed. How should the family approach this situation in the community and also in the family circle?

Making waqf and attaching the condition that one’s children will be the beneficiaries of the waqf

Q:

1. Does the income of waqf alal awlaad (making one’s children the beneficiaries of the waqf) have to be distributed equally between the male and female children or will it be in accordance to the law of inheritance where the male will receive two shares and the female one share?

2. Can the donor or the trustees, after the death of the donor of such a waqf, specify different avenues for the entire income or portion thereof to be spent on, besides the awlaad e.g. he says that all the income is to be given to a certain musjid or organization? If this is permissible, does anyone of the donees have a right to object to this and ask for his share?

3. Our madrasah property is waqf alal awlaad. The madrasah takes fees and accepts donations which is spent only on the madrasah.

a. Are the awlaad entitled to a portion of this as it is a source of income to the waqf (although none of the donees asked for anything as they have accepted that the income will go to the madrasah)?

b. Does the madrasah have to pay the waqf rent or do the trustees have the right to allow the madrasah to use it without a charge?

Reading books that create doubts and suspicion

Q: Recently I read a book and it contained things about another religion. I suffer from severe waswas so I started thinking what if I disbelieved in what should be believed. So can you please tell me whether these statements are correct in the light of Islam or not.

1- God will not abandon us

2- Hand of God is leading us

3- Lord stretched out His Hand and gathered you in the true fold as He will all nations in His own good time

4- The Hand of the Lord shall be heavy upon you

5- and the Lord go with you

6- He shall arise and smite you

Is the abaya a compulsory dress?

Q: I have an elder sister and she is at the age of marriage. She got a proposal and the boy is good in all conditions but he wants his wife to wear abaya while my sister does not want to wear abaya. The boy's family said that abaya is necessary or else they will cancel the proposal. What should we do? Should we force our sister to wear abaya?