Q: A lady has a property that she earns rental from. She has stated verbally that upon her demise, this property must go to her 3 sisters. If she passes away, her heirs will be her 3 daughters, her husband and her 3 sisters.
1. Is this bequest valid and binding?
2. Will the ruling be different if her father is alive at the time of her demise?
Q: A husband purchased a land padi field with his money. He registered it in the name of his wife.
His wife passed away three years ago. The husband also becomes the heir with his children. The land is 3.5 acres. How many shares will the husband and children get from this?
Q: A person (Ziyaad) included the following provision in his will:
4.2. I confirm that the below is due by me in respect of my religious liabilities and obligations in accordance with the tenets of the Islamic faith as at the date of drafting this last will and testament, which amount (s) are to be paid by my executors after the payments in clause 4.1.1 and 4.1.2 (burial expenses and debts), which are to be paid to the Muslim Judicial Body as selected in terms of clause 7.1 and may not exceed one third of my estate. Such liabilities include the following:
4.2.1. Unperformed Salaah (prayers) R646 800
4.2.2. Unkept Saum (fasts) R1750
(end of quote)
I understand that in normal circumstances, the estate would need to bear the cost of the entire fidyah or 1/3 of the estate value if applicable.
However, in this case, the financial advisor has mentioned to me that in reality there are no outstanding salaah and in that instance no fidyah is due.
The financial advisor specifically said: “Please note as discussed, Ziyaad signed his will on 09 November 2023 and handed in on 10 November 2023. On 11 November he advised he needs to amend his will as NO unfulfilled religious obligations were outstanding. Being it Saturday, we were to amend it on the Monday the 13th. Unfortunately, on Sunday morning 12 November, he ran a race and passed out and never came to consciousness until he passed away on 23 November 2023. We, therefore, could not get to amend his Will.”
Will the kaffarah still be applicable regardless of the aforementioned? In other words, will the estate still be liable to pay out the fidyah amounts despite the claim of the financial advisor that says that the deceased said nothing is due from him and he wishes to amend his will to that effect? Or will this statement of his cancel the fidyah that was written in the will?
Q: A persons estate was distributed according to his un-Islamic will. The heirs now went to the Jamiat and did a redistribution according to the Islamic laws. One brother inherited a certain amount and received the money. The rest of the family is now demanding that that brother pay his share back to the daughters of the deceased (his nieces) as they are poor. Is this justified?
Q: My late mother passed away in 2010. She left her jewellery in my possession before passing. I did not distribute it when she passed away, assuming it was in my safekeeping. I have been paying zakaat on it.
Short background:
The circumstances when she gave it to me was because she did not trust my father and brothers. Her property was forcefully put on the line by my father because he wanted money. He was in debt and told her that he will pay her back. She was domestically abused to the point where he forced her to sign the bond agreement. He fell short on payments. The bank sold it to recover their money, we were evicted and that made her very upset with him and her sons. She was afraid that my father will come after the jewellery next (which belonged to her). And since she lost her property she did not want them to take her jewellery and fall into more loss.
She was battling against cancer at the time that all this was happening. She felt like he was trying to take everything from her because of her illness. The only last written letter/will by my mother was about the property, what my father did and how it was taken from her and how she wanted justice.
So when she gave it to me and told me to make sure no-one gets it, it was all I remember to do was her last request to make sure I protect it. 2 years later she passed away. No will was written. Except the letter I mentioned is all I could find.
It is my father, 3 brothers and 1 daughter (me). They know the jewellery resides with me.
My concern respected Ulema, is
1. When she passed away, what happens to her request, does the jewellery become mine or was it suppose to be distributed?
2. If not, what happens to the previous years zakaat I had discharged... Can I claim back that zakaat amount from the estate or can I count it as MY zakaat discharged in advance?
3. I had gifted my 1 brother a ring when he was getting married from the jewellery. Must this be subtracted from his share when distributing? Or must he pay back the estate.
Q: A person passed away. He had two sons who were to inherit from him. One son wishes to renounce his share and give it to his brother. How does he go about this in Islamic Law?
Q: My grandfather has several children. He had bought some pieces of land on his 3 eldest sons' names. While he was alive he sold two of the plots of land of those two sons' marriage expenditures, but kept the third plot as it is.
Also, my grandfather did not buy land for his remaining children, but he however left behind a house without a will.
Now, my grandfather is no more. The 3rd plot of land was bought on my father's name and is still on his name. But my father's siblings are now asking for a share in his plot of land.
My question is whether they are entitled to any share in my father's land?
Q: If I have to pass away (wife), what shares will they inherit & what will go to my 4 daughters, husband, my mother & my father?
If my husband has to pass away, what shares will I (wife), my 4 daughters & his mother & his father?
Q: What are the share percentages if the heirs are a wife, daughter, son?
Q: Regarding inheritance/working out zakaat, an estate has only money, no business, etc.
The house and car of the deceased was already given to his wife in his lifetime - it was accepted and agreed by all during his lifetime that it belongs to his wife.
The person passed away 3 years ago - the estate got sorted out last week and shares were given.
Must the zakaat be give for all the previous years while they were sorting out the inheritance?
And when do they pay zakaat for the share that was received? Should it be paid now or would they wait for a year to pay it?