Fatawa
by Mufti Husain Ahmad Madani
Question: As I am getting older, I was
thinking of distributing my savings
among my relatives so I could see them
happy in my lifetime. Is it permissible
for one to distribute their inheritance
before they die?
Answer: It is permissible for a person to
distribute his/her savings during their
lifetime. However, such a distribution
would not be considered inheritance
from a Shari‘a perspective and thus
the rules of inheritance would not be
applicable. Such distribution would be
considered a gift. As such, the Islamic
etiquettes of giving gifts should be observed,
such as gifting with the intention
of joining hearts and treating children
equally by giving each the same
amount.
It should also be noted that this ruling
is only applicable if the distribution
takes place before a person is on their
deathbed. Any distribution or gifts given
when a person is on their deathbed
would be considered a bequeath (wasiyya)
and the rulings of wasiyya would
be applied (i.e. the amount cannot exceed
more than one-third of one’s assets
nor can anything be bequeathed to
an heir).
Question: I have three sons and one
daughter. One of my sons has low income
and I would like to make a wasiyya
that he gets ten percent of my estate
over and above his share stipulated in
the laws of Islamic inheritance. Would
this type of wasiyya be permissible?
Answer: A wasiyya for a heir will only
be permissible if at the time of death all
other heirs are mature, sane, and agree
to it being executed. If even one of the
heirs is a minor or has such a disability
that they are unable to make their
own decisions or does not agree with
the wasiyya for your son, then such a
wasiyya cannot be executed.
Question: Is it permissible for a convert
to Islam to leave money as wasiyya for
their non-Muslim relatives?
Answer: It is permissible for a Muslim
to make a wasiyya for a non-Muslim as
long as it does not exceed one-third of
their estate at the time of death.
Question: If a person converts to Islam
and they have no Muslim heirs at the
time of death, can they bequeath their
entire wealth?
Answer: If at the time of passing, there
are no eligible Muslim heirs, it is permissible
for the entire estate to be given
in wasiyya.
Question: My father passed away a few
months ago and his inheritance has yet
to be distributed. With the intention of
strengthening family bonds, I would
like to forfeit my share so that the share
of my mother and siblings increases. Is
this allowed to be done before the inheritance
is divided up?
Answer: There are differing views as
to whether one can opt out from their
share of inheritance before it is in their
possession. Therefore, the safest approach
would be to take possession of
your share, and then give it to your
mother and siblings as a gift. However,
if doing so is not feasible or practical, it
would be permissible for you to forfeit
your share without taking possession
of it. You should ensure that such forfeiture
of your share of inheritance is
properly documented with witnesses
to avoid any confusion or potential future
disputes.
Question: My non-Muslim father
passed away and his will states that
his entire estate has been left to me.
Is it permissible for me to accept this
wealth?
Answer: It would be permissible for
you to accept the wealth bequeathed to
you by your father.
Question: My mother passed away
recently, and my father and siblings
would like to divide her inheritance
equally among ourselves rather than
according to the division stipulated in
the laws of Islamic inheritance. Is this
permissible?
Answer: It would be permissible for the
estate to be equally distributed on the
condition that all the eligible heirs are
mature, sane, and agree to the inheritance
being divided in that manner.
Question: I have heard one should
spend extra on their family on the 10th
of Muharram. Is this established from
any reliable hadith? What does “spending
extra” entail?
Answer: Spending extra on one’s family
on the 10th of Muharram is a virtuous
act supported by the hadith of
Abu Hurayra g who narrates that the
Messenger of Allah s said, “Whosoever
increases their expenditure on their
dependents on the 10th of Muharram,
28 September – October 2021 | AL-MADINAH