Fatwa: # 19027
Category: Inheritance
Country: Tunisia
Date: 27th September 2010

Title

I have my aunt who is 50 years old and she is not married and she would like to write for me and my sister in her legacy '' Wasiya'' her house..so is this legal in our religion to

Question


I have my aunt who is 50 years old and she is not married and she would like to write for me and my sister in her legacy '' Wasiya''  her house..so is this legal in our religion to deprive her sisters and brothers from her money and to give it to us...is she free to give any1 after death? I m very worried abt that ..plz advise me as soon as possible. thank you very much..

Answer

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

 

There are many aspects, we as Muslim’s ought to take into cognisance in preparation for the journey to the Aakhirah. Death is a reality and is the most certain thing but the actual time of death is something uncertain. Therefore, every Muslim ought to free themselves spiritually, physically and monetarily of unnecessary dilemma at the time of death. We are constantly reminded of this fact and encouraged by our Ulama to write our will whilst we are still alive. 

Nevertheless, coming back to the issue at hand, there are many aspects that require thought:

  1. It is of great importance that whatever we possess be noted down and clarified as to whom ownership of that specific commodity or unit belongs to. This in itself maintains harmonious relations and deters unnecessary confusion together with severing of family ties. In principle, if we wish to bestow a gift upon someone, it is up to the individual whom he chooses on condition possession takes place by the one whom the item was gifted to. This also should not be subjected to a person’s death i.e. when I die such and such item will go to so and so. This is not considered as gifting, rather it is bequeathing.
  2. As long as a person is living, he\she may do whatever they wish with their possessions as long as it is Shari’ah compliant and does not contradict the laws of gifting and bequeathing. This could be done verbally or it could be noted down, however the latter is more preferred.

Furthermore, a bequest is subjected to a person’s death and cannot exceed 1\3rd   of a person’s possessions. It is not permissible for one to bequest to one’s heirs as this goes contrary to the laws of inheritance.

 

And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum 

 

Ml. Ebrahim bin Khaliel Ahmed Desai,
Student Dārul Iftā

 

Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā

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