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?