Inheritance

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: 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?

Q: A friend of mine had the habit of taking money from her mother in laws wallet. She now regrets the wrong she has done. What should she do to repay the amount she took. Her mother in law is now deceased. Please advise.

Q: I would like to find out if this method is correct. If not, what would be the best method? 

A man had a family. His wife passed away then he remarried. Before he passed away, he gifted his house to his wife. 

She is living in the house but she made wassiyat for it to be given to her husbands heirs when she passes away. 

She has brothers, nephews and nieces (some of them are aware and happy about her decision). 

Her husband's heirs were not yet told gifted or made owners of it.

Q: A man passed away, leaving behind his wife, a son, two daughters, a brother and a sister. 

Let's say he left an estate valued at $100,000. He had verbally expressed his wish to give one-third of the estate to charity, but there is no written will. 

How should his estate be calculated and distributed according to Islamic inheritance laws? 

Additionally, because the deceased was ill for the last six months and suffered from dementia, he was unable to perform Salah (prayers) during that time. Should Fidyah be paid for the missed prayers, and if so, from which portion of the estate?