Inheritance & Wills · Subtopic
Islamic Wills (Wasiyyah)
461 fatawa from 8 South African Darul Iftas on Islamic Wills (Wasiyyah), part of Inheritance & Wills. Newest first; every fatwa links to the page where its Darul Ifta published it.
Subtopics are grouped from each Darul Ifta’s own categories and the fatwa titles, so the count is approximate.
By Darul Ifta
Islamic Wills (Wasiyyah) fatawa — page 11 of 12
- Ask Imaam24 Mar 2004
Can I pay my sisters their legitimate share as per the law of inheritance, for the house, constructed by our late father, the income of which is enjoyed only by our younger brother since 1996?
Assalamu ? Alaikum wa Rahamatulla, My father, who passed away in 1996, assigned the house constructed by him to my younger brother, my three elder…
Mufti Ebrahim Desai - Ask Imaam10 Mar 2004
how do you split the inheritance which your father leaves behind
My dad passed off peacefully from this world on feb 14th 1995 (15th Ramadan) leaving behind his wife ,2 sons 7 daughters and 3 sisters of whom one…
Mufti Ebrahim Desai - Ask Imaam2 Mar 2004
Father expired.but when healive hegifted the some property to his second wife withmy knowledge. first wifeis expired. then he did second marriage. Can I ask a share to second mother who is alive
If we have understood the question correctly, then we state that what has been given to your father?s second wife is a gift to her. This is her sole…
Mufti Ebrahim Desai - Ask Imaam3 Dec 2003
Who would be liable for the inheritance when my father passed away.He has no sons and im the only duaghter.But he does have 3 brothers and 4 sisters
If your father predeceases you and he does not have both or one of his parents and his wife, then his estate will be divided into 20 equal shares…
Mufti Ebrahim Desai - Ask Imaam6 Oct 2003
What is the ruling regarding distribution of pension fund benefits on the death of a person.
Most companies require an employee to fill in a beneficiary form for nomination of beneficiaries of one's pension after the employees death. Is it…
Mufti Ebrahim Desai - Ask Imaam24 Sep 2003
Shariah ruling on inheritance For a woman who would leave behind her husband, her mother, two brothers, two sisters-in-law (married to her two brothers), 4 nephews and 3 nieces. Meaning of name Nawhal
Kindly explain the Shariah ruling of inheritance in the following instance: For a woman who would leave behind her husband, her mother, two…
Mufti Ebrahim Desai - Ask Imaam9 Sep 2003
How to divide deceased wealth... He has left behind a wife, daughter, three brothers and a sister. Parents passed away few years ago, all brothers are married and have their own children.
We need to know the ruling on how to divide deceased persons wealth. He had an equal share in the family business, all his wealth and assets were in…
Mufti Ebrahim Desai - Ask Imaam11 Jun 2003
Who gets the property, if there is no will. mother died a few years back, we did not recieve any inheritance. after which my father married again, and his second wife has outlived him
I would like to know the islamic answer to the following question. my mother died a few years back an we did not recieve any inheritance. after…
- Ask Imaam7 Apr 2003
My grandfather passed away a few years ago. He left his house to my grandmother, and his house in India to my two maternal uncles. What is the shari' method for the house to be distributed?
He left his house in South Africa to my grandmother, and his house in India to my two maternal uncles and an aunt. My mother has four sisters and…
Mufti Muhammad Kadwa - Ask Imaam30 Mar 2003
Regarding house property share distribution. Parents has only one house as a property and they+my younger brother are currently living in that house only.
My parents are aged now, they have 4 sons and 3 daughters. All of them have got married and living independently & separately except one younger…
Mufti Ebrahim Desai - Ask Imaam11 Mar 2003
Who should the money go to? my grandfather passed away 20 years ago. He didnt leave a will and didnt divide his property up...
my grandfather passed away 20 years ago. He didnt leave a will and didnt divide his property up. At the time of my dads engagement, he gave gold…
Mufti Ebrahim Desai - Ask Imaam30 Jan 2003
Are we allowed to sell an inherited property on open market? brother has suddenly changed his mind and has had the property valued, as he wants to buy it...
My father passed away 6 years ago leaving a property in which my mother and nephew are living in at the moment. After he passed away me (daughter),…
Mufti Ebrahim Desai - Ask Imaam20 Jan 2003
My father passed away 19 years ago. He had a will but my mother refuses to allow me to see it. She says he left everything to her. What do I do?
My mother is a professional person. My father passed away when I was 5 years old. He was a professional as well. During this time he saved money in…
Mufti Ebrahim Desai - Ask Imaam8 Jan 2003
My father passed away about one year ago. In his will, he states that the person who remains in the family home should pay the others their due share. is this correct?
He has two sons, one daughter and his wife. All are adults, and it is me (one son) and his wife (my mother) who live in the house. What is the…
Mufti Ebrahim Desai - Ask Imaam8 Jan 2003
Inheritance of a woman who is not living with her husband and is not divorced. Her husband remarried. How is her wealth to be distributed with respect to Islamic Law
My aunt passed away a few months back. She was married but was not living with her husband due to her own personal will, for over 20 years. She has…
Mufti Ebrahim Desai - Ask Imaam29 Dec 2002
Wakeel,When the mother of the family dies, who is the wakeel: The Eldest son or the father? Shukran
After the mother passes away, the father is the Wakeel. and Allah Ta'ala Knows Best Mufti Ebrahim Desai
Mufti Ebrahim Desai - Ask Imaam4 Oct 2002
My maternal grandmother wants to leave her house to my two cousins, without considering my unmarried aunt.(mother's sister) My aunt is a spinster, and has cancer.
My aunt needs a place to stay as she has nobody. She can't live with her sister and nephews, and the nephews (my cousins) are married, and have…
Mufti Muhammad Kadwa - Ask Imaam17 Sep 2002
what happens in case of a dispute b/w heirs on a particular item like piece of land. deceased left a piece of land, out of three heirs two want to keep it (as the market value of land is very low
for example if the deceased left a piece of land, now out of three heirs two want to keep it (as the market value of land is very low) , one wants…
Mufti Ebrahim Desai - Ask Imaam15 Sep 2002
saying 'aslamu-alaikum' to faasiqs. is it true that u can not greet a faasiq? almost whole of my kin have no beard, then how am i supposed to initiate conversations with them?
is it true that u can not greet a faasiq? almost whole of my kin have no beard, then how am i supposed to initiate conversations with them? b) what…
Mufti Ebrahim Desai - Ask Imaam12 Sep 2002
Estate of man with no wife or children. in the event of an uncle's (mother's brother) death, how would his estate be dealt with? has no parents, no wife, no children. He has 1 brother and 1 sister
in the event of an uncle's (mother's brother) death, how would his estate be dealt with? He has no parents, no wife and no children. He has 1…
Mufti Ebrahim Desai - Ask Imaam4 Sep 2002
Someone died leaving 3 daughters and 1 son..the deceased had 4 appartments...he gave one to each son/daughter, can this be done? or daughters will only get half of what the sons get?
Someone passed away leaving three daughters and one son..the deceased had four appartments...he gave one to each son/daughter (mentioned in the…
Mufti Ebrahim Desai - Ask Imaam27 Aug 2002
If a man dies, how can his wealth be distributed?
Upon the death of a person, his/her wealth will be distributed accoding to the Islamic Law of Succession and Inheritance. And Allah Ta'ala Knows…
Mufti Ebrahim Desai - Ask Imaam24 Aug 2002
Can the sons of a deceased man inherit from their uncle upon his death?
My uncle died. He has one wife, 3 sisters, and 3 nephews and one niece from his deceased brothers. Do the nephews inherit? If so, how much.
Mufti Ebrahim Desai - Ask Imaam24 Aug 2002
someone dies having three daughters and one son, has four appartments. he gives one to each son/daughter (mentioned in the will), can this be done? or daughters will only get half of what the sons get
if someone dies having three daughters and one son..and he has four appartments...he gives one to each son/daughter (mentioned in the will), first…
Mufti Ebrahim Desai - Ask Imaam16 Aug 2002
My sister living with me who is single passed away. I have one sister and a brother. How will her property be divided and she have also nominated me as her beneficiary 100% in some of her property.
1. If you have parents, they will inherit from your sister's (daughters) estate. The mother will inherit 1/6 and your father will inherit the…
Mufti Ebrahim Desai - Ask Imaam18 Jun 2002
1.A widower had four daughters and two sons. All the daughters married and have male female childs. Two of the daughters died. Widower has one house. What will be the division of inheritance.
At the outset, it must be pointed out that the heirs of an Estate may only be determined upon one's demise. According to the Islamic Law of…
Mufti Ebrahim Desai - Ask Imaam23 May 2002
How my shares are to be distributed to my family members upon my death. Based on the scenarios below :-My death ie. Husband. I have a father, wife, son and two daughters. Also brothers and sisters.
Scenario 1 - My death ie. Husband. I have a father, wife, son and two daughters. Also brothers and sisters. Scenario 2 - Death of my wife. She has…
Mufti Ebrahim Desai - Ask Imaam20 May 2002
2 Questions: Wasiyyat and Sajdah Tilawat
Assalamu Alaikum, I have 2 questions: - Is it mandatory for every adult Muslim to have a wasiyyat (will) regardless of age? - If I have to repeat an…
Mufti Ebrahim Desai - Ask Imaam18 May 2002
, My father has two houses, the day he dies one house goes to my brother and one to me. Is this acceptable if not please advice
But he says i can only inherit my house after something happens to my mother, as i am already married, and his money is not to be shared only after…
Mufti Muhammad Kadwa - Ask Imaam22 Apr 2002
Distribution of wealth
dear mufti sahib,please guide me in distributing the inheritance under the following circumstance. there are four brothers with their mother…
Mufti Ebrahim Desai - Ask Imaam12 Mar 2002
Convert - who inherits what? I am a new convert. I am single and don't have any muslim family. My family consist of my parents and a brother. What portion should each of them receive on my death?
From your question, we understand that your parents and brother are not Muslims. In principle, there is no inheritance between Muslims and…
Moulana Imraan Vawda - Ask Imaam31 Jan 2002
Who should the recipients of my will be, and how much should they receive?
Salam Alaikum, I am a single, employed female with a pension and no children. My next of kin are my parents and I have 2 brothers. I wish to write a…
Mufti Muhammad Kadwa - Ask Imaam15 Oct 2001
How much percentage must each child get from his father's wealth?
We are 5 sons and 3 daughters. What percentage of the estate does each child get? Shukran
Mufti Ebrahim Desai - Ask Imaam20 Sep 2001
Our Father expired without a will. What will be the inheritance breakup for our family of, Mother, Fathers unmarried(Deaf and Dumb)sister, Five married brothers ,One sister married.
"We have a question regarding Inheritance Our Father has expired without a will in place Our family consists of the following members.. 1. Our…
Mufti Ebrahim Desai - Ask Imaam9 Sep 2001
SA succession law differs from Islamic law of succession.CAn the two be reconciled?
The Islamic Laws of Succession and Inheritance are Divine and different from the SA Laws of Succession and Inheritance. They cannot be reconciled.…
Mufti Ebrahim Desai - Ask Imaam15 Jul 2001
Please tell me in case I die how will my 401K fund be distributed to my family? My parents are alive Alhamdolillah and I have a wife and one son and one daughter.
Besides I also have 5 brothers and 2 sisters. Thanking you in anticipation.
Mufti Ebrahim Desai - Ask Imaam17 Jun 2001
Who gets custody? The parents of 3 children passed away. The grand-parents & uncles are fighting over who can get the children. Is it the mother's or father's side who should take care of them?
As a general rule, when a divorce takes place the right of custody in the case of minor children is awarded to the mother first if she does not…
Mufti Ebrahim Desai - Ask Imaam4 Jun 2001
A person has 3 daughters, 1 son, 1 brother and 4 sisters. How should the estate of the deceased be divided ?
*************************** * The Shar'ee ruling herein given is specifically based on the question posed and should be read in conjunction with the…
Mufti Ebrahim Desai - Ask Imaam28 May 2001
Who has guardianship of orphans?
If both parents die, leaving youg children, who gets guardianship?
Mufti Ebrahim Desai - Ask Imaam22 May 2001
Who should keep the inherited money of orphans if there is no grandfather and will (wasiyat).
After the demise, the orphan's guardians will be according to the following procedure: 1. His full brothers 2. Consanguine brothers 3. Full brothers…
Mufti Ebrahim Desai
Read-only index of fatawa already published by South African Darul Iftas, each linked to its original. Not a fatwa service — for your own situation, ask the issuing Darul Ifta.