Fatawa
Questions &Answers
by Mufti Husain Ahmad Madani
Question: Can a person refuse his/
her share of inheritance and accept a
lesser amount? Could he/she forsake
his/her share completely?
Answer: If an heir forsakes his/her
share of the inheritance and settles
for a lesser amount, they will receive
the agreed upon amount, while
the remainder of the share will be
distributed amongst the remaining
heirs in proportion to their respective
shares.
However, if the heir forfeits his/
her share completely without any
settlement, his/her share of the wealth
will remain his/her right, which can be
reclaimed at a later time. In summary,
the right of inheritance may not be
waived by simply abandoning it.
Rather, if a person wishes to forsake
his/her share, he/she may do so after
taking it in his/her possession.
Question: Is it permissible for one to
distribute his/her inheritance before
he/she passes away? If so, would it be
distributed equally or proportionate
to his/her share as prescribed in the
Shari‘a?
Answer: In principle, the rules
of inheritance only apply after a
person is deceased. Any wealth
distributed during one’s lifetime will
be considered a gift provided the
distributor is not terminally ill. Any
wealth distributed on the death bed
would be considered a bequeath. In
such a case, only one-third of the total
wealth can be bequeathed to a nonheir.
It can also be bequeathed to an
heir provided the other heirs agree to
it.
Keeping the above principles in mind,
a person distributing among his/
her children should do so equally. It
should also be noted that to distribute
assets during a person’s lifetime with
the sole purpose of excluding another
from receiving his/her share of
inheritance is sinful.
Question: If a man holding a joint
account with his spouse passes
away, how much of the funds in the
joint account will be distributed in
inheritance?
Answer: If the joint account is because
both were joint owners (e.g. both
spouses work and agreed to share
their earnings 50/50), then only half
the funds would be distributed in
inheritance while the other half would
be the spouse’s assets. However, if the
purpose of the joint account was so
that the wife has access to the funds
as needed (in case sole owner was the
husband), then the entire account will
be distributed in inheritance.
Question: A person bought a car but
registered it under his father’s name
to save on the insurance premium.
From an Islamic perspective, who
is the owner of the car? In case the
father passes away, will the car be
distributed as inheritance or would it
be considered the son’s car?
Answer: In the aforementioned
scenario, the car being registered
under the father’s name does not
necessarily denote ownership from an
Islamic perspective. Rather, the son
who was the buyer of the car would
be the sole owner of the car and it
would therefore not be included in the
father’s inheritance.
Question: Is it permissible to use
another person’s gym membership if
the contract stipulates that only the
cardholder may use the membership?
Answer: Using another’s gym
membership is a violation of the
contract and would be considered
a form of khiyana (breach of trust).
Thus, it would be impermissible to use
another person’s gym pass.
Question: Is it permissible for a
woman to wear a dress with a long
train that drags on the ground?
Answer: Women’s clothing should not
exceed 1.5 feet below the ankles. The
blessed Prophet a said, “On the Day
of Judgment, Allah will not look at the
one who hangs his lower garment out
of arrogance.” Umm Salama j asked,
“What should women do with the hem
of their clothes?” The Messenger a
replied that they may lower it by one
shibr (approx. 9 inches). Umm Salama
j replied, “In such a case, their feet
would be exposed.” The Messenger of
Allah a replied, “They may lower their
garment by one zira‘ (approx. 1.5 feet),
but no longer than that”(Tirmidhi).
Note: There are two opinions regarding
whether the hadith refers to lowering
the garment 1.5 feet below mid-shin
or below the ankles. While it would be
safer to make sure the garment is not
1.5 feet lower than the mid-shin, there
is latitude to keep the garment 1.5 feet
below the ankles.
Question: Is it permissible to invest in
medical marijuana companies? Would
money earned from such stocks be
haram?
28 March - April 2020 | AL-MADINAH