Q&A Library for Inheritance

# Title Post date
1 Method of calculating stock value in a deceased estate Mon 31 Aug 2015

If a partner in a retail business passes away, how should the stock be valued, at cost price, retail price or at the wholesale price?

2 Eating at the deceased person's house Wed 16 Sep 2015

Khalid has passed away leaving behind two sons that are Baaligh (i.e. reached the age of puberty) and two sons that haven’t yet reached the age of puberty. Before dissolving the estate will it be permissible for the Ulema and other luminaries to partake of meals at Khalid’s residence?

It is not permissible. Yes, if the Baaligh sons feed them from their personal funds there is no harm in doing so.

3 Illegitimate child inheriting from father after both accept Islam Thu 13 Sep 2018

Question:

My question is does an illegitimate child from non-Muslim parents inherit from his biological father when the illegitimate child and his biological father become Muslims?

Answer:

4 Youngster drafting an Islamic Will Tue 25 Sep 2018

Question:

According to law of Shari'ah is it permissible for a 14 yr old person to make a will?

Answer:

There is absolutely no harm in a 14 year old drafting out his/her Shari’ee Will.

In fact one is strongly encouraged and required to do so particularly if one owns assets, or has outstanding debts, or debtors are owing money to one, or one is Baaligh and has missed fasts and Salaah, etc. However, when drafting out the Will, one should refer to some learned scholar to ensure that the Will is drafted in accordance to Shari’ah.

5 Investing in the ETF Tue 25 Sep 2018

Question:

With the recent legalization of cannabis production in various countries there have a list of company’s involved in production of cannabis for medicinal and other purposes .

These companies have been listed on stock exchanges . There is exposure to this asset class in South Africa via exchange traded funds (“ETF”).

Would it be permissible from a sharia perspective to invest in such ETF’s.

Shukran

Answer:

6 Distribution of estate - wife, 3 sons, 4 daughters Wed 26 Sep 2018

Question:

Kindly advise on below inheritance issue:

Marhoom left behind wife, 3 sons and 4 daughters.

No will, nor any wasiyyat made (written)
Left cash , car and clothes, and house behind

7 Wasiyyat to step-daughter Wed 17 Oct 2018

Question:

8 distribution of estate: Daughter, 7 grandsons, 3 Granddaughters Sat 02 Mar 2019

Question: 

A woman passes away leaving behind 1 daughter, 2 sisters, 7 son's sons, 3 son's daughters, 3 daughter's sons and 2 daughter's daughters. 
Note: The woman's 2 sons passed away before her. 

Answer: 
9 Distribution of estate Mon 04 Mar 2019

Question: 

Can you please advise
me of the manner in which my wife’s estate will be distributed if she pre-deceases
me (her husband) based on the following:

10 Correct distribution of estate, Brother's right to inheritance Mon 04 Mar 2019

Question: 

My  other passed away in 2016. My brother pre-deceased her as he passed away in 1999. My mother received inheritance from her late father's estate to the value of +/- R502 048.44. This amount was equally distributed amongst the surviving 2 brothers, sister and the one deceased brother's family that passed away in 1999. 
1. Is this distribution according to Shari'ah? 
2. How should it be corrected? 
3. Is the deceased's brother's family entitled to a share? 

Answer: 
11 Distribution of estate: 2 Brothers, 3 Sisters, 4 Daughters Mon 04 Mar 2019

Question: 

My grandmother passed away recently. she is survived by 2 brothers, 3 sisters and 4 daughters. i would like to know how to distribute her estate. 

Answer: 
In the queried scenario the estate will be dissolved as follows,

BROTHER 1
8 shares 
9.523%
BROTHER 2
8 shares 
9.523%
SISTER 1
4 shares 
4.761%
SISTER 2
4 shares 
4.761%
SISTER 3
12 Distribution of estate Tue 05 Mar 2019

Question: 

Kindly advise on the
following Inheritance issues faced by our family on the passing of our father.
Marhoom left behind a wife, 2 sons and 1 daughter.

1.      

13 Distribution of estate Tue 05 Mar 2019

Question: 

Please advise me on how to distribute my brother's estate. My brother left behind a wife, 2 Sons, 1 Daughter and 4 Siblings, 3 Sisters and 1 Brother. 

Answer: 
After discharging primary dues such as burial expenses, outstanding debts (if any), implementing bequests from one-third of the remainder (if applicable), the balance of the estate will then be apportioned into 40 shares to devolve upon the surviving heirs as follows:-

WIFE
5 shares 
12.5%
14 Executors acting unilaterally Tue 05 Mar 2019

Question: 

My late Dad had left
behind an Islamic Will. Through that process my elder brother and I had been
appointed Executors of his estate.

Question: Can we (Executors) make a unilateral decision on behalf of the other
heirs to ensure a fair and equitable resolution to the issues plaguing the sale
of the property.

Context to the question: My dad left one property as part of his estate. Its
structure is such that it is impractical to split the property relative to each

15 Fidyah for missed Salaat Wed 06 Mar 2019

Question: 

The deceased missed a few Salaat during his illness. How much must be paid for one missed Salaat? 

Answer: 
16 Wasiyah for inheritor, Fidyah for Salaat and fast, distribution of estate Thu 07 Mar 2019

Question: 

I have a
question regarding inheritance and quad salah fidya that need clarification.

Before my mum passed away she told my eldest sister to give her car to my
younger sister after my mum’s demise. We are a total of 5 children i.e. 4
sisters and one brother.

After my mum's passing my elder sister told us that my mum told her to give her
motor vehicle to one of my younger sisters.

As the days passed the same sister to whom the car was supposed to go to said

17 Appointing guardians for one's children in one's Will Thu 07 Mar 2019

Question: 

I am busy with my will
and I would like to know who can be selected as guardians for my 2 children (
current ages 12 and 8).


Answer: 

 

Consider the following two terms of the Fuqaha (Jurists):

18 Distribution of estate Thu 07 Mar 2019

Question: 

A deceased lady is survived by the following heirs: - 
Husband 
3 Daughters
2 Real sisters (from the same mother and father) 
1 Step brother (From the same father but different mother) 
1 Step sister (From the same father but different mother)
How will the estate devolve? 

Answer: 
19 Widow in Iddat going to business Thu 07 Mar 2019

Question: 

A widow is now serving her Iddat - e -Wafaat. She had left behind several businesses which are now run by managers. She fears that these managers could be stealing from the businesses. 
Is this a valid reason for her to go to the business while serving her ddat? 
20 Granting power of attorney to daughter Sat 09 Mar 2019

Question: 

Can you please find
out for me if POA ( Power of Attorney) can be given to a daughter?

In a case were mother is unwell can a son and daughter take power of attorney
or should it only be the sons?


Answer: 

21 Distribution of estate Mon 11 Mar 2019

Question: 

Q1 how do I distribute inheritance upon my demise to 
1 - one son
2 - 3 daughters
3 - one grandson.
Q 2 upon the death of the mother of the above siblings - how do we distribute 
1 the money she left behind
2 the clothes and jewelry she left behind ( note most of her clothing is female clothing) how do we calculate the son's share?
22 Distribution of estate Tue 17 Sep 2019

Question: 

23 Distribution of estate: Wife, 3 sons, 3 daughters Tue 17 Sep 2019

Question: 

A person passed away leaving behind a wife, 3 sons and 3 daughters. How will his estate be distributed? 

Answer: 
After discharging the burial expenses, debts (if any), and execution of the Wasiyyah/bequest from 1/3 of the estate, the estate will be divided into 72 portions as follows:

24 Distribution of estate: Munasakhah Wed 18 Sep 2019

Question: 

1. My mother passed
away in September 2010



2 .My father passed away October 2018 leaving three daughters and a son as
heirs



3. Properties are owned by my father, but He bought all in my mother's name



4. When my father was Alive he wished that his properties should be equally
divided among his children, that is one son and three daughters



My question is: 



25 paying out deceased's wife Wed 18 Sep 2019

Question: 

Mufti Saheb, we are
currently faced with a situation, a person passed away, leaving behind a widow
who has no children of her own.

26 Bequest for an heir Wed 02 Oct 2019

Question: 

My
mother was terminally ill, About two weeks before she passed away, she
27 Wasiyyah of selling bangles Wed 02 Oct 2019

Question: 

A lady when
healthy and not sick told her brother and his wife, we must go for umrah and
they must take the gold bangles she has for their expenses for umrah ( 
she never give it to them then to take home) after a few months later she got
sick and six months later passed away.

She is
survived by one sister and five brother

No husband

28 rental income received from inherited house Wed 02 Oct 2019

Question: 

We have a
question regarding the house that was left after my father–in-laws passing.

29 Dissolving an estate Sat 05 Oct 2019

Question: 

We
kindly request assistance in the matter of an estate and the distribution
thereof to heirs, details as follows:
30 Method of evaluating a property Sat 05 Oct 2019

Question: 

1) i have a
building made in 1948, made by my grand father who is dead ,he has 6 sons(my
father and 5 sons) and 6 daughters. Now  my father wants the building on his
name by giving some amount to those who are heirs of deceased grand father(6
sons and 6 daughter). There are two options: - 

31 Duties of an executor Tue 08 Oct 2019

Question: 

I have been appointed as an executor of a deceased's estate. there are certain family members that are assisting me to wind up the estate. what are my duties as an executor? 
Should I, as an executor, request accurate records for every transaction, such as funds utilised for burial costs, feeding guest that attended the burial, virtuous acts carried out on behalf of the deceased, etc? Should I have a record of all funds and assets belonging to the estate before signing off any document? 
32 Distributing interest money, money accrued from aninvestment, and old clothes to heirs Tue 08 Oct 2019

Question: 

1) There
was some interest monies in the bank accounts of the deceased. Does that become
part of her estate when distributing the shares? There is one minor amongst the
heirs.  What happens to the interest monies that accrues in her account
after her demise till we close the accounts and distribute? 

33 distribution of estate: Wife, Father, Mother, 1 Brother Sat 23 Nov 2019

Question: 

A man
passed away and he left behind the following heirs:

Wife

1 brother

Father

Mother



How will his wealth be distributed among the heirs?

Some of the relatives are saying the mother gets 1/3 whilst others are saying
1/3 after giving wife her share.