Category Archives: Inheritance

Fatawa concerning Inheritance

Can a non-Muslim child inherit from his/her Muslim Parents? Can a Muslim inherit from a non-Muslim?

Assalamu Alaikum

 

Q:Can a parent who is a muslim leave an inheritance in a will for his or her child who is not a muslim?  Also, can a muslim who inherits from a non muslim instruct what can be done with the inheritance as they cannot use it themselves,because we are forbidden from inheriting from non muslims?

A:

Wa Alaikum Assalaam,

 

A parent who is a Muslim can leave a will (wasiyat) for a child who is a non-Muslim. This does not form part of the official division of inheritance, but can only be made to the extent of one third (1/3) of the estate. The parent who is a Muslim can give something worth this much or less than this.

(Bada’i AS Sanaa’i Vol. 7 Pg. 341. Fatawa Haqaniya Vol. 6 Pg. 504.

Published by Darul Uloom Haqaniya Pakistan 2002.)

A Muslim cannot inherit from a non Muslim hence, he will not be able to accept any inheritance, nor can he say what should be done with that which was divided for him.

(Fatawa Hindiya Vol. 6 Pg. 454; As Siraji – 10 Fatawa Haqaniya Vol.6 Pg. 522)

And Allah Knows best,

Mufti Waseem Khan.

26/06/15.

Distribution Of Inherited Land Attached To Personal Land

Question: Assalamu alikum,

Dear Mufti sahib,
My father has passed away long ago , he left some piece of land , he did not make any wasiyat. we are 3 brothers and 4 sisters , we want to sell this property and distribute among us

1. There are 2 plots and one house adjacent (next) to  my father’s land , which i have ( me eldest brother)purchased with my own money ,very cheap long long ago. Now the value of that land is very high, if my brother or brother’s son asks for share from this property , do I have to give share to my brother and sisters? Or no?
2.  I have purchased 2 plots and 1 shop from my own money in another city . Do I have to give share of this property to my brothers and sisters or no?

I was in foreign country  when my father passed away ,  I have helped them  to get marry ( 2 sisters and 2 brothers)and helped 2 brothers to start their business as well. I never ask for return money.

If any one from my brother, sister or their children asking for the share from this property which i have purchased from my own money? What should I have to do ?please reply , I will be more thankful to you.
Jazakallah

3. There is an alleyway next (adjacent) to my fathers plot , we are selling this piece of land as well as its adjacent to our plot, our father used to tell us that this alleyway was used by my grand dad’s 4 or 5 brothers, so they are also partner in this plot,  All five grand parents , parents have died , some of their children even do not know that they have their share in this plot. So how can we have to distribute this alleyway’s money?
Jazakallah ,

 

Answer: Assalaamu Alaikum,

  1. The 2 plots and 1 (one) house which you purchased with your own money, and did not belong to your father, will not be divided and given to your brothers and sisters as shares. This is your personal property which you have purchased and was not left as inheritance, hence, no one can claim any share from it.
  2. The 2 plots and 1 shop you purchased with your own money from another city, will continue to be your sole property. You do not have to give any share of this property to your brothers and sisters.
    All the properties which you have purchased with your own money belongs to you and cannot be divided and given to your brothers and sisters in inheritance. They do not have any share in your property.
    If anyone from among them is asking for a share, tell them that the property is your personal property and it cannot be given to them in inheritance. If you wish to give anything, then this will be based on your kindness.
  3. If the 4 or 5 brothers of your grandfather also owned the alleyway along with your father, then they will have rights in the land when it is sold. If they have died, then their children or grandchildren should be given their shares in proportion to what they owned. If however, the alleyway was simply used by your grandfather’s brothers and were not officially owned by them, then they will not share in the inheritance of this alleyway.

And Allah Knows Best.

Mufti Waseem Khan.

12/11/2014

With Regards To Willing A House As A Gift Whilst Alive

Question:

Assalamualikum Respected Mufti Saab i got a house with land on it ,i do not have any children ,i am married living with wife ,i have brothers and sisters they all have children ,how shall my house goes according to Shariat,can i make will and will the house to my wife only as a gift while i am alive. Jazzackallaah


Answer:

Wa Alaikum As Salaam,

If, while you are alive you wish to give the house to your wife as a gift, then you can do so, however, she must be given possession of it while you are alive. This however, must not be done to deprive any of the inheritors from a share. If it is done so that your wife will have a residence/place to live in, after your death, then it will be allowed.

With respect to making a will for your wife by saying or writing that after your death she will get the house, then this “will” would not be accepted as valid. The reason is that as soon as a person dies, then his property/estate will be subjected to the laws of Islamic inheritance when it has not been distributed or given as a gift to anyone as yet. So, if you wish to give the house as a gift to your wife, but you have stipulated that this will occur only after your death, then this will not be considered as a gift. It will go into inheritance. For a gift to be valid, it must be given to the person, and possession of it must be gained while you are alive.

And Allah Knows Best.

Mufti Waseem Khan.

15/4/2014.

Cheque Issued By A Deceased Before Death

Question: Assalaamu-Alaykum. Umar issues a cheque with an amount of money written on it to his friend, Zaid. Umar informs Zaid that this cheque is for you (Zaid). Zaid is confirmed as owner of the cheque. Zaid accepts and keeps the cheque in his possession. Umar passed away after some days. Zaid deposits and changes the cheque after Omar passed away. Is Zaid still entitled to the sum on the cheque or does he have to return the cheque (amount of money) to the heirs of Omar. Jaza Kallah.


Answer:

Wa Alaikum As Salaam,

Yes, Zaid is entitled to the sum of money on the cheque. This was already given to him while Umar was alive. Hence, possession of that sum of money was already taken by Zaid after having been gifted the same from Umar. Zaid does not have to return the sum on the cheque to the heirs of Umar.

And Allah Knows best.

Mufti Waseem Khan.

27/1/2014.

Accepting money from a bank account.

Q. After my father passed away I inherited a sum of money at a bank. Is it permissible to accept and use a sum of money which grew on interest? Should I pay Zakaat on it?

A. It is permissible for you to accept and use the amount of money which was deposited at the bank (this is the money that your father or another family member deposited at the bank as a savings). If zakaat became compulsory on this amount then you will have to pay (zakaat) on it. The interest (added) must be given to those who are poor and needy and zakaat will not be paid on this amount.

And Allah knows best.

Mufti Waseem Khan

Law of inheritance for daughters.

Q. In the law of inheritance what are daughters entitled to and is this affected if they are married?


A. In the law of inheritance, a daughter’s share is not affected on account of her marriage.

The daughter’s share in inheritance falls into any of the following three categories:-

1) If there are other daughters (i.e. there is more than one daughter) and there is no son/sons then, 2/3 (two thirds) of the estate will be distributed among them.

2) If there is only one daughter, and there is no son/sons then the (one) daughter will receive 1/2 of the estate.

3) If, together with the daughter, there is a son, or there are sons, then the daughter will become Asbah with the son/sons. In this case, both the son and daughter will receive the balance of the estate in a manner that a daughter will receive half the share of a son.

And Allah knows best.

Mufti Waseem Khan

The Time of Death and paying Inheritance.

Question:

I always thought that the time of death has been written and is final when the rooh (soul) was created, until a few days ago one scholar told me that it is not the case. The time of death can be changed with duas or by someone’s nazir (evil eye) or with black magic.

It is obligatory for the relatives of a deceased person to pay off his debts urgently, now in a situation where the deceased has left more than enough wealth to pay off his debts and that wealth is in the widow’s control and she is hesitating/delaying/postponing to pay off the debts while his other immediate relatives want to pay off the loan immediately although they have no control of the deceased’s wealth from where the debts were to be paid off, now in this situation the burden will still be on the deceased or on his widow?

When people come to claim a debt from a deceased person what the relatives of the deceased have to do in order to make sure that the claim is genuine in case where there is no written proof found.


Answer:

The time of death has been fixed by Allah and no one can escape it when that time arrives. Allah says in the Holy Quran (7:34).

‘Every one has a fixed term. When their fixed term arrives, they cannot delay it an hour nor can they bring it forward.

This fact is also borne out in many other verses of the Quran and traditions of the Holy Prophet (S.A.S.) that the time of death is fixed by Allah.

With respect to this time (i.e. of death) being changed with duas, evil eye or black magic, these are not established in the traditions.

There is a hadith recorded by Imam Tirmizi from Salman (R.A.) who says that the Prophet (S.A.S.) said, ‘Nothing returns or restrains the decree (Qaza) except Dua (supplication) and nothing increases in age except goodness and righteousness’. (Imam Tirmizi says that this hadith is good).

While explaining this tradition, the scholars have stated that whatever is decreed for man is known to Allah alone. No one knows what good or bad, may be fall him. Similarly, the appointed time for one’s death is also known to Allah alone. As such, no one can say whether his/her time has been extended or shortened since this knowledge is only with Allah. In the same manner, no one can claim that his/her (Qadr/Qaza) decree has been changed since this is known only to Allah.

It should be understood that man is surrounded by his/her decree and cannot escape it. Whichever direction he goes to, he will fall within the decree of Allah. As such when a misfortune touches man, he is given the choice to either pray to Allah for its removal or to leave off praying. In both cases a decree has been written, if he prays, Allah shall remove his misfortune and if he leaves off pray then his misfortune would remain. Whichever direction he turns to, he is still within the borders of his Qadr (Decree).

Having said this, the explanation of the above hadith is that the word ‘Qaza’ refers to those harmful things which a person fears and he wishes that they may not befall him. In this case when he is given the ability to supplicate, Allah protects him from these misfortunes and changes the person’s state. However these are within the decree of an individual. In this case the word ‘Qaza’ in the hadith is used in a figurative sense, since the answering of a person’s dua is in conformance to his expectation of his bad state being changed to a good one. (i.e in the eyes of a person, he thinks that his Qadr has been changed, although it is still within the Qadr (decree) of Allah.)

The word ‘Qaza’ in the hadith can also be used in its true and actual sense. In this case the hadith means that the dua helps and eases one’s decree, to the extent that a person thinks that no misfortune has befallen him, (although it has actually befallen him). It is in this connection Imam Tirmizi has quoted the hadith of Ibn Umar (R.A) which states that ‘Dua brings benefit to that which descends and to that which does not descend’. (Tuhfatul Ahwazi – Commentary of Jamiut Tirmizi)

The hadith goes further to state that ‘and nothing increases the age the age except goodness’. (kindness and obedience to Allah). Here also the scholars have stated that the word ‘increase’ can be used in its true and actual sense and it can also be used in its figurative sense.

In its true and actual sense, it means that being kind to others and being obedient to Allah can bring about an increase in one’s age. However, this increase also falls within the Qaza/Qadr (decree) which has been written for a person. Allah says in the Holy Quran, ‘And no aged man is granted a length of life nor is a part cut off from his life, but is in a book.’ (35:11)

While explaining this topic, the scholars have written that ‘Sometimes it is written about a person that if he performs Hajj he would live until sixty years and if he does not perform Hajj, he will live until forty years’. (Maalimul Tanzeel). In other words, no one can escape the time which Allah has fixed for him and this knowledge is known only to Allah.

In the figurative sense, the word ‘increase’ refers to the meaning that one’s life will be filled with a great amount of blessings to the extent that he would accomplish in his lifetime that which others would not accomplish. Allah would make his tasks easy for him so that he would complete a great amount of work in a short time. (In this way, it looks as if he was given a long life).

The above was an explanation regarding the effects of dua on one’s decree, no mention has been made in the hadith nor in its commentary regarding the time of a man’s death being changed through dua.

As far as the effect of ‘Nazar’ ‘bad eye’, ‘evil eye’ is concerned, there is a tradition recorded by Imam Tirmizi from the hadith of Abdullah bin Abbas (R.A) who says that the Messenger of Allah (S.A) said, ‘Had there been anything to precede (outstrip) Qadr (decree), it would be the ‘Nazar’ (bad/evil eye). (Imam Tirmizi says that this hadith is sound and good. The hadith has also been recorded in Sahih Muslim, Muatta, Ibn Majah, Musnad of Imam Ahmad).

The hadith tells us that if there was anything to affect one’s Qadr (decree) it would have been the ‘Nazar’, however, since there is nothing that can affect one’s Qadr, Nazar would not be able to affect it.

While commenting on this hadith, Hafiz Ibn Hajar Asqalani, the great commentator of Sahih Al Bukhari says, ‘This hadith shows in an exaggerated manner the harmful effects of bad/evil eyes (Nazar), not that it is capable of changing one’s Qadr (decree). (Fathul Baari-Commentary of Sahih Al Bukhari).

There is no mention in the hadith nor in its commentary regarding ‘someone’s nazar’ changing another person’s time of death.

With respect to black magic, this too has an effect on a person like that of nazar, however it cannot change the Qadr (decree) of Allah nor can it change the time of a person’s death.

With respect to question two, the burden shall be on the widow of the deceased and not upon the deceased.

In the case of question three, if there is no written proof then witnesses should be called to testify the truth of the claims. If there were no witnesses at the time of those transactions then the relatives of the deceased can request the claimants to take an oath in Allah’s name that they are speaking the truth with respect to the claims they are making.

And Allah knows best.
Mufti Waseem Khan

I have a loan with a bank and will be owing for the next 4 years.

Question:

Mufti:
I have a loan with a bank and will be owing for the next 4 years. I had to take it to start my house and there was no avenue otherwise to get money.

I have obtained (unexpectedly) some inheritance.
Is it fard upon me to do the Hajj now or should I wait until I have completely paid the loan?

Answer:

Wa Alaikum As Salaam,

If the payment of the loan is due upon you at the moment, and by paying it you will not have the funds to go for Hajj, then you must pay the loan first.

If however, after paying the part of the loan which is due upon you at that time, you still have sufficient funds to perform hajj, then you can use these funds to perform hajj.

And Allah knows best,

Mufti Waseem Khan

Inheritance and more

Assalamu Alaikum,

I had emailed you some time ago and i havent gotten a response from you . I am emailing again , in hope that my questions will be answered .

My Questions are as following:

1.If i have an estate but has no one to inherit, i.e mother, father, brother sister, niece/nephew, children, husband/wife, is it islamically legal to will it to some deserving muslim? I mentioned immediate family , but if i have cousins and cousins’ children , will it go to them? (I know we have specific guideline regarding inheritance, so there is nothing like a will, that is to say, it must be divided according to the shareeah, however i would like to know distance relative is included in inheriting your estate).

2). I would like to know if your salaah is invalid if “bismillah……” is not recited before every fatiha and before every suras.

3). If Sadja sahu is made after tasleem or after” atta hiatu lilla…”

4). I am currently doing an islamic study course and we are told that our prophet ( peace and blessings be upon him) never use to rasie his hands all the time in dua and as such we should not raise our hands in dua always

5). Is it allowable for a non muslim woman to see a muslim woman without her hijah.

I would really appreciate it if your answers are backed with sahih hadeeth and Quotes from the Quran.My questions have come about because lately I am hearly a lot of new things and I need clarifications.

Jazaak Allah Khaire

Answer:

Wa Alaikum As Salaam,

1) In this case, your estate will be distributed among the poor relatives that are alive.

This distribution is not by way of inheritance, hence, they cannot claim the estate although they enjoy a prior right (before other poor Muslims).

You should therefore make a will, identifying how much you wish to give to each of these poor relatives.(Kitabul Meerath)

2) If Bismillah is not recited before every Faatiha or before every Sura, your Salaah will not be invalid. It will be valid and accepted. Scholars have stated that ‘Bismillaahir Rahmaanir Raheem’ is not a part of every Sura (except Sura An Naml) and hence, not reciting it, will not be considered as if one has left out a verse of the Quran. It is evident in some traditions that the Prophet (SAS) at times, recited it aloud, and at times did not recite it aloud. On account of his action, the jurists have stated that the act of reciting the Tasmiya (Bismillahi Rahmanir Raheem) before Sura Faatiha and before a Sura is a Sunnah and without it, the Salaah will still be valid. (Fathul Qadeer col. 1 pg. 253; Al Fiqhul Islami wa Adilatihi vol.2 pg. 831).

3) If Sajda Sahw is made after tasleem or after At Tahiyatu lillah, then it will be valid.

4) There are occasions on which the Prophet (SAS) raised his hands for dua, and there are occasions on which he did not raise his hands. For example, while going to the washroom and exiting, he made dua but did not raise his hands. Similarly, while entering and exiting the masjid, before and after eating, before and after sleeping. In all these cases, he did not raise his hands for dua. There are other situations in which he raised his hands for dua, especially when he made a request to Allah or he petitioned Allah for something. In fact, the Prophet (SAS) mentioned the etiquettes of dua and highlighted that one should raise his hands (while making dua).

Hence, on those occasions when the Prophet (SAS) did not raise his hands while making dua, one can do the same, (especially while reciting the masnoon duas, as mentioned before), and at other occasions when one is beseeching Allah, and making a request, he should raise his hands with humility to Allah and do it in the way instructed by the Prophet (SAS) by raising his hands.

In this regard, the Messenger of Allah (S.A.S.) said, ‘Indeed, Allah is shy and beneficent. He is shy when his servant raises his hands to him (in dua) to return them empty, disappointed’. (Ahmad, Abu Dawood, Tirmizi, who stated that it is saheeh. Ibn Hibban in his Saheeh, Hakim, who says that it is saheeh upon the conditions of Bukhari and Muslim).

In addition, it is authentically narrated in many traditions that the Prophet (S.A.S.) used to make dua with the inside of his palms facing his face and he also instructed his companions to do so.

It is narrated from Abu Bakr (R.A.) that the Prophet (S.A.S.) said, ‘Ask Allah with the inside of your hand palms and do not ask him (i.e. supplicate) with the outside of the hand palms. (Recorded by Tabrani in Al Kabeer, who said it is saheeh (sound)’.

Another tradition states that Malik bin Yasar (R.A.) narrates that the Prophet (S.A.S.) said, ‘When you ask from Allah, ask him with the inside of your hand palms and do not ask him with the outside of the hand palms’. (Abu Dawood, Ibn Majah, Tabrani).

5) The law regarding what you have asked is clearly mentioned in Sura An Nur verse 31 which stated ‘and they (the Muslim women) must not expose their adornment except to their women’.

While commenting on this verse, some scholars have stated that ‘women’ as mentioned in the above verse refers to Muslim women only or those female slaves that are owned by a Muslim woman. This is the opinion of many of the pious predecessors.

According to this explanation, (given by these scholars), the verse means that a Muslim woman would not be required to observe hijab in front of another Muslim woman, however, she would have to observe it in front of all non Muslim women.

Concerning this, the great commentator and scholar, Mujahid (A.R) said ‘Their women as highlighted in the verse refers to only Muslim women. And does not include non believing Mushrik women. (Safwatut Tafaseer Vol. 18 Pg. 17).

In a similar manner, the great companion Abdullah bin Abbas (R.A) has stated, ‘Women (in the verse) means Muslim Women. A Muslim woman must not expose her beauty in front of Jewish or Christian women’. (Safwatut Tafaseer Vol. 18 Pg.17).

Other scholars however, have stated that a Muslim woman is not required to observe hijab in front of non Muslim women. These scholars have cited sound and authentic traditions which show that non Muslim women used to visit the wives of the Holy Prophet (S.A.S).

While commenting on this verse, the great exegete and commentator Imam Razi writes, ‘It is stated that the word ‘women’ refers to all women (Muslim as well as non Muslim) for they are all equal in looking at each other (as females). The practice of pious predecessors in making a Muslim woman observe hijab in front of a non Muslim woman was based on Istihbaab (that which is desirable and commendable and was not compulsory). (Safwatut Tafaseer Vol. 18 Pg. 17).

Another great commentator and exegete of the Holy Quran, Allama Alusi has also adopted this explanation in his book, Tafseer Ruhul Ma’ani, and has mentioned, ‘this statement is more suited for the people today (at this time) for it has become almost impossible for Muslim women to observe hijab in front of non Muslim women’ (Tafseer Ruhul Ma’ani).

And Allah knows best,

Mufti Waseem Khan

Question on Inheritance

Question:

As Salaam Mu Alaikum,
I hope this email reaches you in the best of health. I would like to prepare a Will before I die and would like to know how my estate should be shared according to Shariah law. Only money is being left for inheritance. Alive are the following:

1. Mother
2. Father
3. Sister (who is married and have both a husband and a son)
4. My Wife
5. My daughter 3yrs old.

Also can I draft my own Will on paper and assign an Executor and have two witnesses sign and just keep it at home or do I have to have it done by a lawyer and have it registered with the Gov’t of T&T?

Answer:

Wa Alaikum As Salaam,
Based on the family members inheriting from you, the inheritance should be distributed in the following manner:-

The total amount of money must be divided into 24 shares. From this, the mother will receive 4 shares and the father will receive 5 shares. The sister will be omitted (she will not receive a share from your estate). Your wife will get 3 shares and your daughter will receive 12 shares.

You can draft your own will and assign an executor for it. In doing so, you must get two witnesses to sign and keep it at home. With this, there is no need to get it done by a lawyer and have it registered by the Government of Trinidad and Tobago.

And Allah knows best,

Mufti Waseem Khan