Inheritance

Giving one's assets to one's wife

Q: This is a matter related to gifts and inheritance. I am married, with no children. I have adult brothers and sisters. I have decided to give with immediate effect all may assets, wealth, future earnings, including the pension I am accruing at work, to my wife. She will be the sole owner and final decision-maker. Of course, she may consult me if she wishes to and I may express as an opinion, but ultimately she will take the decision. However, the assets etc will remain in my name under secular law because of the huge legal and financial implications in transferring ownership. But my intention is clear: I want to give everything to my wife now, and I will see her as the owner and write a document to this effect and respect her right to take decisions. Will such a transfer of ownership be valid or invalid in shariah? I will appreciate your guidance.

Mother giving her son jewellery for his future wife

Q: A mother gives jewellery and other items to her eldest unmarried son and says to him : “This is for wife when you get married”.  However, years elapse during which several proposals failed to materialise and the son thus remained unmarried.  The items remained in the son’s possession. Now with demise of the mother, what is the situation?  Is the son to be deemed the owner or in actual fact to be merely deemed to be in possession of items entrusted to him to hold until a specific event (i.e. marriage) has taken place?  In the latter case, does the items now form part of the estate of the deceased mother if it uncertain if marriage will ever take place in the foreseeable future?

On the other hand, assuming subsequently the son also dies unmarried. What is the situation then? To whose estate do the items now belong?

The importance of the Shar'iah

Q: 

  1. What is the importance of Islamic shariah?
  2. If a muslim says "what is shariah (as if he/she wants to comment that shariah has no importance) then what is comment as an Islamic Scholar.
  3. What if a muslim says some thing which is not in accordance with the Shariah rules of Inheritance?
  4. A muslim says that I cannot ask for my father's inheritance property because my mother and brother has taken care of that property. Please comment according to shariah.

Inheritance

Q: In the Will of a deceased, liabilities reflected include various amounts described as:

Unpaid Zakaat

Unkept Fasts

Unperformed Salaat

Unfulfilled Kaffarah

Undischarged Mannat

How should the aforegoing items be dealt with in preparing the Liquidation and Distribution Account?.  Are such (religious) liabilities to be deemed
ordinary claims against the estate and paid over in full or as a Wasiyat/bequests and limited to only 1/3rd of the net value of the estate. And to whom should such liabilities be given and so discharge the deceased’s religious obligations. And, forgive my ignorance, but what does “Kaffarah: and “Mannat” mean?

Inheritance

Q: My 2 month old son passed away. He has 750 pesos in his estate. Both his parents are alive and he has one brother and one sister. His grandparents and uncles are also alive. Please advise.

Inheritance

Q: My wife died recently. I like to know about wiraasat. We have a son and wife's parents are alive and she also has one brother. Can you please let me know how much share will each get?

Inheritance

Q: 

  1. A women passes away, leaving behind a husband, 2 sons, a mother, 2 brothers and a sister. How will her estate be distributed according to ​Shari'ah?
  2. Another case in which a woman passes away, leaving behind 2 sons and a daughter. How will her estate be distributed according to Shari'ah?

Inheritance

Q: We are 3 brothers and 4 sisters, father and mother have passed away. Father did not do any wasiyah or will.

  1. We want to sell fathers property, which is land plot, value will be approximately 65 lakhs (six and half million rupees). How do  we divide the share?
  2. After father passed away I have bought a piece of land and a house next to my fathers plot, very cheap at that time. Now the value is much more. Do I have to give a share to my brothers and sisters?
  3. On my fathers plot I have built a house with my own money. My brothers did not pay any money and my two younger brothers were living  together with my mother and two sisters. I used to help for food for my mother, sisters, brother and medicines for my mother. One of my brothers who is married used to work and help a little bit for food and bills. Now we will break this house and sell the material and will the share the value of the plot among the three brothers? Is this right? That house cost me lot at that time, but since it is unused now its value is like scrap. (very less) Do I have to give a share from this house to my brothers and sisters?
  4. I was working in Saudi Arabia and  living with family there, regularly helping the them for food etc. I am living in England. I have paid all expenses for my two sisters and 2 brothers to get married. I have helped one brother by giving money to start his transport business. I never took any profit or the money I have helped. I have helped to my second brother with money to come to Saudi and then England to work and  settle there. 
  5. After father passed  away I have bought some other property with my own money in another town? 2 plots one shop and one flat, no income is coming from this property.
  6. After father passed away, one of my younger brothers settled in England - later in RSA and bought his own property and he is well settled, he has his own house and a small business. 
  7. The  brother in  India also has his own  house and a small business.
  8. I am the elder one living in England. I don't have my own house in England, I am living on rental property and  still  working. If I sell all my property I can not buy half a house.
  9. My property is considered as a whole or each one is separate? The one I  have bought after father passed away is mine?
  10. All this property is considered as a sharing for all? If all property is considering as a whole then what about my brother's property in Africa and what about my other brother's House and business in india? Is it their own  property? And what about my property which I  have bought with my own money after father passed away?
  11. Mother did not have any property on her name. Only some gold she had which was distributed among brothers and sisters.
  12. My father did not give the share of their sisters when his father passed away. They three brothers have distributed the property among themselves. Now when we sell my fathers property, do we have to give my fathers sisters share to their children (my  father and his three sisters and two brothers have passed away)?