Abdur Rahman ibn Yusuf Mangera – Inheritance Issues The Mistakes People Make and How to Avoid Them
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hamdu Lillahi Rabbil Alameen wa salatu salam ala Murthy Ramadan
Delilah mean what are the the wasafi Baraka was seldom at the
Sleeman cathedral Elomi Dean Amma Barrett called along with the
baraka with the Isla Quran in Mudgee. They will for Colonial
Hamid katiba Alikum either had or had a commitment to in Taraka
urinal was a year Tony Worley the evil kohlrabi in the middle roof.
How can Ireland monoterpene. So in Islam, just like with everything
else, right from birth, we have recommendations at birth as well.
And advice that only is called out into the right ear, of the newborn
and the economy into the left ear of the newborn. And that is that
with the name of Allah subhanaw taala somebody enters the world.
And then of course, there's responsibilities as to who's going
to look after the child and who's going to take care of the
expenses. And all of these things that discussed in great detail.
Likewise, throughout our life, all of our life, every single
issue, whether that be financial,
related to finance, whether it be related to marriage, food, dietary
issues, medical and health issues, everything is governed. So How
could Allah subhanaw taala leave us deserted after a person dies.
So Allah subhanaw taala in the Quran. In fact, one of the most
detailed verses in terms of actually providing detail in the
Quran as to how to do something with all of its detail is probably
the worst verse of inheritance. Give you an idea. If you look at
the case of Salah Allah subhanaw taala doesn't mention, in clear
terms, the how many records to do, for example, in every prayer, what
to recite in the prayer exactly, even the times are kind of
indicated. However, that's one of the most important obligations as
we know, when it comes to inheritance, you will see Comala
who Feola they can live vicariously through Hallsville own
thing, very, very detailed, very, very detailed. So that's why Islam
doesn't want us to be left in the lurch. And that's why it's really
strange that there is so many problems when it comes to
people dying and leaving a fire raging in their homes. And this is
really sad. I mean, somebody came up to me after one Friday prayer
when I had discussed some issue related to inheritance and so on.
And he said, I'm so glad that you have discussed this, because
what's happening is that the Father has just passed away. And
essentially Hellfire has erupted in the home, right? Because people
just don't know what to do and how to do it correctly. Some people do
things, martial law, a lot of people do things in the best
interest, what they think is in the best interest of certain
individuals, or maybe their own children, but they've done it
incorrectly. And then after that, it just becomes all unraveled. And
it's not correct. So Islam law of inheritance are actually very,
very, very clear. The problem is that there's just a lot of
ignorance about it, just like the laws of divorce are very clear in
Islam. But people make so many mistakes, right? People make so
many mistakes. Likewise, Islamic laws of inheritance are clear. And
yet people make mistakes. Now, I would say I recommend for people
that they really need to know the laws of divorce, because nowadays,
lots of divorces are taking place. And people make a lot of mistakes,
they should learn the laws of divorce just when they get
married, right, just in case they have to use it. And the reason is
that it may happen. Now more so than that, there's more reason,
absolutely more reason to learn the laws of inheritance, because
that is something right, which everybody is going to go through a
lot of people are not going to divorce, people are going to avoid
the divorce. But when it comes to inheritance, everybody's gonna
die, right. And if you're worth anything, if you've got money,
you've got some assets, then you definitely need to know the laws
of inheritance. And before you do anything about your inheritance,
you should consult hamdulillah Al Hamdulillah. There's a lot more
resources out there right now, right? In all sorts of languages,
there's a lot more going on. And because
in this country, in the West, in particular, and in many other
countries as well. Not only is the the laws of Islam and Islamic
inheritance, but there's also the law of the land inheritance tax,
and a number of other issues like that, which if you are not aware
of, you know, you could end up losing a lot of money, right, that
will not go to your inheritance, but it will go as tax to the
government, right? Whereas it didn't have to do it. It didn't
have to go that way. So that's why there's quite a few things that we
do have to be aware of. So let us put it put it this way. Relatives.
What's really interesting is that in Islam relatives are considered
to have a share of your wealth, meaning inheritors, you know,
whoever is going to be an inheritance, generally speaking, I
would just say that if you're a person with children
Right and a spouse and parents, I mean, and then you'd have brothers
and sisters possibly as well. But if you've got children, boys and
girls, if you've got sons and daughters, then generally the
inheritance is going to be one six for your father, one six for your
mother, it's going to be one eight, for your, your wife, if
you're if you're the man is going to be 1/8. And your children are
going to have the rest just split up, as in the sons getting double
a share of a daughter is very, very standard. When it comes to
that kind of normal kind of family setup. Yes, if you've only got
daughters, then there's other people who are going to get
involved. If you don't have parents, and you've only got
daughters, then there's going to be others who may you know who may
inherit, we're not going to talk about all of that today, we're not
going to talk about the shares, right of who gets what, that's not
today, that's much more of a detailed discussion, which is not
for today, all I want to speak about today is not to make silly
mistakes, and to do things, common mistakes, common issues that
people can avoid, and do it the right way. So what is really
interesting, interesting in Islam is that our inheritors, whoever
they are parents or whoever they're going to be children, they
actually have a right in our wealth, right? Not our death, but
actually even in the death illness. So if a person is going
through the death, illness, and a death illness is essentially any
illness, in which they eventually die. Not a terminal illness,
right. For example, if you've had cancer for 10 years, and they've
been telling, you're going to die and and it's taken 10 years,
that's not necessarily death, illness, death illness is the
final illness, whether it'd be two, three days, five days a week,
or whatever, in which a person dies. That's called the Death
illness at that time. At that time, it's really interesting. Any
gift that you want to give will have to be approved by an
inheritance because it's almost as if the money has become this, they
can't take it yet. But it's they have a say in it, they have to
approve it. And you can only then give from up to 1/3 of your
wealth. Now that is very strong that your inheritance our
inheritors will have a right to our estate, actually even before
our death. Not that I mean, anybody's gonna go on demand it
because you can't, you can't demand it. But just technically
speaking, technically speaking, if we wanted to just give it all up
and out then and they protested, they would have a right to protest
their right. That's another issue. We're not going to go into that in
depth, but I just want to give you an idea that in Islam, inheritor
inheritance is very important. And they have a right over our our
wealth, and there's just nothing you can do about it, you leave any
wealth, it will go to your inheritance, right, at least two
thirds of it will go to your inheritors once, after all of your
expenses have been paid for anything that is necessary.
In fact, not just that, but there was Saturday at what cost to the
Allahu Anhu there's a hadith which is related by Imam Bukhari Muslim,
the very, very popular Hadith sahih Hadith, Saudi Arabia workers
whose Radi Allahu Anhu was one of the 10 who have been given the
glad tidings of paradise. He became extremely ill he became
extremely ill and he was worried about what to do with assets. So
he decided that let me give all of my assets he said, You are a soul
Allah. I am in in aneurysmal. You know, I have wealth, like where
are you tuning in Edna to Lee Wahid, I've only got one daughter
at that time, we only had one daughter, apparently, I've only
got one daughter. Can I give away two thirds of my wealth?
And approx. Awesome said no. So he says, Can I give half them? If I
can't give two thirds? Can I give half? And the person said no. I
said, Okay, what about 1/3 Then and the promises and said, Okay,
1/3, but even 1/3 is too much. He says, It is better.
That you leave your children you inherited your water thought it
says your water, they didn't say your children says your
inheritors, well off, right, it is better for you to do that, then
you leave them poor. And then they have to extend their hands out to
people to beg because they don't have the money. Right? So from
this, what we get is that a problem set you can leave up to
1/3 That's fine, but you can't leave any more than 1/3 1/3. And
he wasn't even encouraging up to 1/3 He says even that's a lot but
alright will allow you to do up to 1/3. So, a person has the right.
So just to explain that a person actually has the right that they
make a bequest deliver will essentially deliver instruction
right in whatever form right? So that up to 1/3 can be given out to
anybody else who is a non inheritor. You cannot add anything
to those who are naturally going to inherit through Quranic shares.
You can't. So for example, if you've got a son, you can't leave
him anymore after your death. He's only going to be do what is
through the Quranic shares, right?
But if there's somebody who does, who is not going to inherit from
you a cousin, for example, right, a nephew or a niece or an uncle or
grandparent, for example, then you can even a friend, even a non
Muslim friend, a masjid and a charity, you can live up to 1/3.
Right? Now, if somebody did right, I want to give them half, then
those who are distributing the wealth, it would not be allowed
them to allow it for them to give one half unless everybody agreed.
So it's up to the discretion of the rest, anything more than 1/3
will be up to the discretion of the rest of the inheritance, but
up to 1/3, it's binding, they have to give that away, but any more
than 1/3, it will be up to the rest of the
and they have to agree willingly. So if there's any children, you,
if there's any children who are inheriting, then they can't even
give permission, they're not even allowed to give permission,
they're too young to give permission, they don't have
authority to give permission yet. So that's a bit more complicated.
We're not going to go into that. But what it is, is that Allah
subhanaw taala
wants us to give our inheritance to our inheritors. And most
parents, most people do want to leave inheritance to the
inheritors. I mean, that's just the norm. That's just the fifth
fitrah, the fifth reading, it's out of the nature. But there are
cases when people don't want to do that. There are cases where they
want to deprive their wife, they want to deprive their husband,
they want to deprive a child, they want to maybe deprive their
mother, whatever there is a there is there are people who are like
that, why may they want to deprive somebody, well, they may want to
deprive somebody due to maybe substance abuse, they have an
addiction or something, they think that they're going to abuse
the inheritance or whatever the cases, now, anything that you
leave after you die, the Quranic shares take over and you cannot
deprive them even if you wrote in your will, that my such and such a
son or daughter should not get anything, or your wife should not
get anything, they will get something right they will get
whatever the Quranic once you once we die, then
the Sharia takes over. We whatever we say doesn't make a difference
anymore.
Now, I'm talking about this,
right in a way that there's the country laws that don't apply,
because once you put the country laws in, it gets a bit more
complicated, right. But that is something I may discuss later. So
that's why since it's inevitable that our inheritors are going to
get some money, right, and they are the rightful owners of our
wealth after we die. Let us learn about it. And let's do it in the
right way. Right, otherwise, you can, you can essentially leave
fires raging, the family will be disunited, they will be at each
other, just for the sake of something and you know what the
most important thing is, right, is that if you could have avoided it,
and you could have foreseen this, but you didn't, then you could
even be sinful for doing this. You could be sinful for not doing it
correctly. Right? I'll give you some examples, right? Just just to
set it up, set the scene, let's just say that some assets that you
had a piece of land, another house, another property, a
business or whatever you promised it, or you actually gave it you
said to one of your children, or your brother or someone else, and
you didn't let anybody else know about it, that person has no
proof. But he knows you gave it to them. This is going to be a
problem. Right? There's no proof. There's no There's no proof you
did not put it onto their name you did not write and you know, make
it witness statement, right? Or agreement or anything like that.
You just told them, right? That generally isn't going to work
because everybody else it's money involved, everybody's gonna say
no, this is our right show us the proof, there is no proof, then is
going to be a major issue. Right? So don't do things like that.
For example, what some people do is that they give the daughters a
certain amount of assets, right? That they think are going to be
how much they should actually leave actually
receive after after the death, right, but they want to give them
all the jewelry. So I've had a case where somebody wanted to give
his daughter or two daughters all the jewelry the mother etc wanted
to give all the jewelry and said that okay, you take this jewelry
so you don't have to argue about it afterwards. But then you can't
take a share of the inheritance after a day, all of the rest of
the property etc is going to go to my to your brothers and so on.
Now,
even if the jewelry that they received was more the value of it
was more than what they would have received had a quintic Quranic
shares if it had been all left as inheritance, they will still they
will still receive
From after the inheritance, they will still receive their share
their rightful share. Right. So you can't give your inheritance
any one of your inheritors their share early and say you can't take
after my death your share afterwards. Well, you could
request them and if they then forego it, and there's a way to do
that, that's okay. But they're not bound and obliged to do that. Now,
another thing is that I would just encourage before we start with the
specific issues is that parents who have assets, mashallah should
not just keep their assets. And, like huge, I mean, they've got a
house, they've got maybe two, three properties, they've got
other investments and so on. And they're very, very, very well off.
But they're not giving anything to their children. Right, and the
children are working hard. And in some cases, you know, they're
really struggling and suffering. What's the point of waiting until
you die, letting them suffer for 2030 years? And then after that,
when they finally bought a house or whatever, themselves, and then
you die, and then they get a lot of money? Right? Why don't you
help them earlier? Right. And I've seen some cases where people don't
but mashallah, there are many families who do help earlier,
right. At the same time, though, there needs to be a balance in
this regard, we've seen some really miserable cases that gone
that totally the other way. There's been some parents, some
fathers who've, literally, for whatever reason, out of trust,
obviously, and maybe to escape from the inheritance tax, they've
transferred their houses now in London, like in many parts of
London, like East London, where I live, the houses are a million or
more, that already is going to need to take you over the
threshold. Okay. So
what happens is that he transferred his assets over here
to maybe a one and a half million pound house or something like
that, and everything. And he had only one son, as far as I know,
And subhanAllah, he trusted him. But eventually, it came that the
Son, and the mother kicked the father out of the house, and he
spent the last three, four years of his life in a miserable state,
you know, renting an accommodation after he had built a massive
house, and he built it up and made it very well. But he was, and
there's a number of these stories. So people are worried about giving
too much to their children as well, and putting everything on
their name. And I, you know, I don't blame them. There are ways
around that in terms of if you have a lot of assets, you can
actually establish some trusts, right, which are a lot more
complicated, they cost money as well, there are, you know, fees
for that, and so on. For that, you'd have to, you know, go go to
a solicitor, you know, a good Muslim solicitor that deals with
this kind of stuff. If you've got lots of assets, if you have only a
bit of us for what I've told, it's not worth it, to have trusts and
so on, because they cost money, and maintenance fees, and so on.
But there needs to be a balance, we do give and help our children.
But we do keep some assets for ourselves so that we do not become
deprived. And you know, we can at least sustain ourselves until we
die. Right. And so there needs to be a balanced and some cautious
caution in that regard. But we need to help our children as well
in that regard as well. So now, I'm going to speak about the
issues one by one, right, I'm going to speak about the issues
one by one. Now, these are issues that I have decided that I have
come across, and I thought to be some of the most prominent issues.
One of the biggest issues. So this is this is issue number one, one,
I think one of the biggest issues and one of the best advices I can
give you is have clarity of ownership. Clarity of ownership is
very, very, very important. What do I mean by that? Now, if the
husband and wife are both working, there are many cases like that.
Now, many couples, they're both working. And what they do is they
have a joint bank account, their
their wage, their salaries are coming into that they're spending
from the indiscriminately, it's not like, Oh, this is mine, this
is yours is both of ours. And they just consider themselves 5050 even
if maybe one side is doing 6040. But they think that it's all 5050.
Sometimes they don't even have an agreement. It's just like we'll
just spend from there.
Right now, in that case, it's and probably understood that it's
going to be 5050 or 6040, you can understand that if the husband has
been providing 70% of the wage, the wife was working part time
she's been providing 30% of the wage. Understandable, right? You
could you could say it may be 7030. Now, if they've agreed in
that case, that no is just going to be is still going to be 5050.
That's also fine. That means everything they purchase in the
house, the sofas, the car,
the fridge, whatever it is, it's going to be 5050. Now, you might
be saying why do you need to go into that depth? Right? It might
be awkward to say hey, that's 5050 It belongs to both of us. There's
a big reason for this clarity is better than misery afterwards.
Now, there's a in many, many cases that one
If it's not working, it's only the husband who's working. And the
wife is mashallah bringing up the children. She's working in the
house bringing up children, sometimes doing actually more than
what the husband is doing sometimes in that case, but the
money is all coming in from the husband. In that case, by default,
everything that is owned in the house, the house, if the house is
owned the car, the everything, all the furniture, everything is going
to be the husband's, by default, because it's through his money,
even though the money is all coming from a joint account above
them, even if they've actually put both of their names on the house,
even if they both own the house in the sense that their names on the
deeds is still the husband's unless, unless Now, why is it his,
he's the one who's paid for it, it's his, for that to be also the
wives, right? Also the wives, then he has to say everything, I gift
you half of everything. That's why it's very important. That's why
it's very important. I've seen number of cases where the wife
doesn't work at all. But the understanding is the understanding
is not clear, it's just the understanding that it's half, half
every now if they've made it clear, then it's half of it
doesn't matter who paid for it, then it's half of why is all of
this necessary. The reason this is necessary is that if the wife
dies, tomorrow, her inheritors are going to have a right to her
assets. So if half is actually hers, then they have a right to
that. Right, they you will have to then decide with them what to do
about it. Right? That if you do get married again, the next week
can't just step in, and you know, it belongs to have to hers. Now,
if it was all husbands, and if it wasn't the wives, then only
whatever her personal jewelry wasn't personal assets, personal
bank balance, that would be then the wives, the wives, or whatever
she got from any other source. So that's why clarity is very, very
necessary. Right? Very, very necessary. If the husband dies,
then of course, whatever is the husband's, that will have to be
among his inheritance. And generally, that's going to be his
wife anyway. And it's going to be His children, so on, right, and
then his mom or dad, and so on, just like if the wife dies, is
going to be her mother and father if they're still still alive, and
her children, and so on and so forth. But that's why it's very
important to at least have some understanding that this is all
yours, this is mine. This is both of ours 5050. Just to avoid having
any problem in the future, you don't have to go on about it every
day. You don't have to like say, Hey, this is half mine, or it's
like that. I mean, you don't have to talk about it every day. But at
least it's clear what is who's number two, issue number two. A
lot of this has got to do with gifts, the law of gifting in Islam
idea, as you call it,
I'm going to give you some of the basic laws of gifts, the most
fundamental basic laws of gifts, just so you understand, because
this one
is a huge problem. This is where so much confusion arises, I give
you the I'll give you an example. The father said to one son, I'm
going to gift you this house, or I've gifted you the house. Right?
I'm going to gift you the house, let's just say it's a separate
house, he owns a separate property he owns or business or whatever is
that I am going to give him I'm gifting it to you. But the son has
no control of it.
The father has full control of it. He calls the shots, he takes the
income from it, and everything he's just told us on it's yours.
That gift is not complete, that does not become the sons, he may
be thinking all of his life. My dad's given me that I'm going to
get that one not anybody else. Right? Or even if he's giving it
to everybody. Right? It does not become this by the gift, because
they never took possession of it. What do you mean taking
possession? So let me explain. When you give a gift in Islam,
there are the fundamental principles and the integrals of it
that have to be fulfilled. So if I give somebody a gift, like my son
a gift, right of this phone, if I tell him, this is your gift, but
I've never given it to him yet, he knows it's for him, but I have not
really stopped using it. Or I've not actually I've bought it, I've
purchased it, maybe it's a brand new phone, I've purchased it, but
it's sitting on my desk, I have not told him you can take it, he's
not allowed to take it yet. And then it's yours. It's not his yet.
For a gift to be complete. I have to say, this is yours. I'm gifting
this to you. He has to accept it, he or she has to accept it, I
accept it. And number three, most importantly, they have to take
possession and taking possession
of anything depends on what it is. So if it's a house, here's the
key. And number two, I have to take my stuff out of it. I have to
relinquish control. He should be able to do what he wants in it.
That means gifting someone and then completing it. Now if
somebody has gifted something, and they assume that
It was gifted to them, but he's not giving it up, he's still the
one using it and everything. And after death, he says, that
particular son or daughter comes and says, Dad gifted me this.
No, but dad was the one who was in control of it, he was the one
taking the rent from it, he was the one benefiting from it. Your
name, you know, is on the deed, maybe with everybody else. But you
know, you really didn't have any active control or anything like
that. That's not a gift, she or he was not given control in a way
that they could do what they wanted. Now, on the other hand, so
so that's why it's important that you
make the offer that I'm giving you this as a gift, the person who's
receiving the recipient says, I've accepted it, you have to accept
it, nobody can be forced to take a gift, they have to say, I'm happy
to take it, and then they should actually take it in some way or
the other. Right? Then it is a gift then transferred over. Okay?
So active possession is very important. Active possession is
very important. They have to take active possession, they don't just
say I've accepted it. Now, this is very different to when you sell
something, if I gift you this phone, and you say I've accepted
it, but I've not really given it to you. And I'm not letting you
take it yet. The gift is not complete. You don't have any
rights over this yet. So if I die in the process in the middle of
that, it doesn't, it's not yours, it's gonna go to my inheritance.
On the other hand, if I sold you this phone, or if I sold you a
book, and I said 10 pounds, you said I agree, right? We both
agreed that's a final sale, but I've not given you the book,
you've not given me the money. But that book is now owned by you.
Because when you do a sale, right? You become owner, even though
you've not taken active possession, you actually own the
product, even though you haven't actively taken possession, they
owe it to you. If they don't give it to you, you can take him to
court for it. But in a gift because it's
something you do.
As an act of free volition, it's an act of goodwill, right? You're
not bound in anything. So you could actually pull it back.
Right? It's not nice to pull back a gift. But at the end of the day,
it's not like a sale in a sale, you're the ownership transfers to
you, even though you don't have the product yet, I owe it to you
and you owe me the money. Right. So that's very, very important and
keep this distinction in mind. In a gift, you must take possession,
ownership, for ownership to transfer, there must be active
possession taken. But in a sale, active possession doesn't have to
be taken. Just the agreement is enough, a final agreement is
enough, and it will become yours, even though you have not received
it yet, you will receive it later. Or you will have a right for it.
Issue number three. Point number three is a very simple thing. Be
transparent, and make witnesses be transparent and make witnesses if
you are gifting something, and you've gifted it. Or if you sold
something to one of your children, then just make witnesses. In fact,
the best thing to do is to just let everybody know, especially all
the inheritors. Otherwise, if there's no proof, there's it's
going to lead to issues afterwards, it's going to lead to
issues as it does.
Right number four, this is the complicated one. But before I talk
about this, I want to talk about a really important issue. Let's just
say that you want to transfer your house to one of your children,
or a property.
Now,
according to the law of the country, if you've transferred the
deeds over, which means you've signed it off to somebody else.
And it's their name on it according to the land registry.
It's this, then it's considered theirs legally. But Islamically
speaking many, many of our other Man movies, they've judged that
that is not always the case. The fact that you've got somebody has
got their name on a deed, like the wife is got the name on the deed
of the house with the husband, but the husband has not gifted her any
of the share. But he's putting their name on there. Right? Well,
he's got one of his children's names on there, or all of their
names on there. That does not mean they actually own it. Islamically
even though legally they do own it. Right? Why? Because a lot of
people do this in order to avoid certain taxes, inheritance tax or
whatever else or because they don't want to maybe show that
legally speaking they own a property their son owns it by on
there's maybe there's other tax implications or whatever. Of
course, if you own something legally, there's liabilities that
come with that. So people do it for that reason, and they do this
in many countries. They do this for this reason. That's why many,
many movies. And Islamic scholars have have said that you
merely having the name of something on the deed does not
make it yours. Yes.
To be honest, if your name is on the deed, right, you're gonna have
a right to go to the authorities and claim your share. Or if your
name is on the deed, right, and nobody else is, you can actually
actively take over Legally speaking, you can have legal
recourse to the courts or whatever, and claim it. Most
people don't do that, though, because there's a relationship.
They know that the reason why the Father has put a certain property
or business on a certain son's name, or his sister's name, or his
mother's name, you know, some people do that, because they want
to maybe benefit from tax allowances, right? You know, the
1112 13,000, or whatever it is 12 and a half 1000, or whatever it
is, you know, they want to benefit from that. So that's why they put
it on people's names. And everybody understands within the
family and so on that it's not really there's it's just done for
that purpose. That's why there might have said that, that does
not really mean that you've given possession, especially if you're
still controlling everything, yes, if you've put their name on the
deed, you've given your relinquish control over it, you've
transferred it to them, you've given them right to dispose it as
they want, then then it's fine, then it just shows everything else
shows that yes, it is this, that means they've taken possession. So
now the big issue is, this is a typical issue. The father and
mother have a house, right, let's just say the father has bought
this house, and that's their family house. That's where the
children became old. And everything many of the children
have have moved out, there's one child who is living with them. Now
they want
to give this house to put it on all of their names. So what they
do is they they maybe put it on all of their names, legally
speaking, as I said to you, just putting it on their names, legally
speaking does not mean that they've actually gift it to them.
Islamically speaking, alright, because they could be doing this
to save themselves from inheritance tax, for example. So
what they do is they've given it to them.
Now, let's just say it's on their name already, or it's not on their
name, it doesn't make a difference. But now he actively
actually wants to give the house to one of his sons, the one who's
living in the house, he wants to gift it to him. Everybody else has
got a house. And they also find with him gifting this house, for
example, to that particular son, because he's been of service and
so on. How does he gift that house? Because we've just told you
right now that a gift, right, has a few conditions. Number one, I
have to give him the house, okay, I can do that. He has to accept
the house, he will do that. But the third one to take active
possession, but you're gonna say he's already living in the yes,
he's living in there. But in Islam, right, according to the
thick if the givers assets, contents, belongings, occupying
the house, then that is actually a prevention from the other person
taking full control. Also, the husband, the maybe the son is
living there. But the father is control everything. He's not like
so old, or whatever, that literally the children are just
looking at that son is just looking after him, the father is
still mashallah active, and taking care of all the affairs calls the
shots in the house, all the permission has to go through him
about whether they want to make any changes in the house or
whatever. And he's saying it's my son's house, he's never moved out.
His assets have always been there, they saying that that means that
your gift has not completed because your child, your son has
not been able to take active possession of the house. This is a
very typical scenario. So many people have done this, this son
who's living with us, he now owns this house. But you've never
relinquished full control, you're actually calling the shots. If
you've got, for example, a basement apartment and you're the
one taking the and everything. So how do you do this? Right? Well,
the scholars have suggested a few ways of dealing with this matter
of actually making it a gift to the sun, for example, and then
receiving the gift it becoming this and the parents then can
carry on living in there. But there's a way to do that. Right?
There's several ways. Some are more complicated than others. The
first one is the proper way. But the most complicated way, you move
out, move all of your stuff out. hand the keys over, outside the
house, hand the keys over here, son, this is yours. Thereafter, he
says you can come back and stay there under my roof now and you
bring your belongings back in if you want to. And you carry on
staying there. That's the best way it's very clear cut. Right? But
all of those years of belongings moving them out what a hassle. So
that's why I'm I've thought about it and suggested some other ways,
right, which can also work.
You see, as we describe, the problem was that your assets are
what's stopping you from gifting the house because your assets
occupying the house proves that you're not really gifting it to
him.
So what you do, and again, this is just what the devil have
mentioned, right? Is that what you can do is you can say, my son, all
of my belongings in the house, furniture, everything belongs to
me, I'm because you're staying with me, I am going to give it to
you in your trust to look after the Son has a right to stay there,
because I've let him stay there, for example. So I say to my son,
all of this belongings of mine, I give it to you to keep in trust
for me. So technically, it's transferred over to him to keep
thereafter I'm walk out of the house. Now, some scholars say you
have to work out something, you don't have to whatever the case,
let's just say, I walk out the house and I say, my son, I've
gifted you this house, it's free of my belongings, it's not
occupying my, I've got my belongings, but you're looking
after them in what you're occupying of my house.
And he says, I accept you, he's got the keys, and then you go back
in, and you can then stay there. They say that that's okay.
Now, that's, again, a bit complicated or whatever. That's
why, my suggestion, right? My suggestion, this is not written in
any of the are not seen anybody else mentioned this, but I've had
it confirmed by some big move this right, is that what you should do
is you sell your house, to this son, who's living with you, for
example.
Or even if he's not living with you, because you're occupying
everything, right. So let's just say nobody's living with you, but
you want to sell it to your son, right? One son of yours, he wants
this house, you know, sell it to him. And you can do this two ways,
you can either put a nominal figure sell it to you for a pound,
he pays you to pound that house becomes his. Remember, I told you
earlier, when you sell something, the ownership is transferred, even
if you don't give it to them. Even if the asset has not been
transferred, the ownership of it, the right of it has transferred.
Now your stuff is still in the house, your belongings are owed in
the house, you're living in the house, you're not giving it to
him, but he knows it's his house now. And he has the right to claim
it from you. So if you now he's not going to claim it for you,
because he knows that the understanding is that you're going
to stay until you die. Right. And you've you've also transferred it
by deed to his name anyway, and Islamically, you've given you've
sold it to him for a pound as well. So what he's gonna do is
after your death, right, then after that, he can claim the
house, right? Because if this was a hadiya, if this was a gift, the
transfer of ownership would not have taken place, unless you had
emptied it out, or you've done one of these other ways, right. So
that's why this is the easier way to do it, you just said it to
them. The other option is that you can sell it to them for the market
value here 500,000, a million, whatever it is 200,000. So you've
sold it, he's agreed to buy it for 500,000. Right? It becomes his,
the house becomes his, he's not taking possession, but the house
becomes his he's got a claim to the house now. Then after that,
you can either forgive him, or you can keep the debt and then maybe
that debt can be paid through the inheritance, or whatever, or you
can just forgive him, and that will become his house.
Now, I know that might be complicated. So I'll explain it
again later if you haven't understood it, but this is very,
very important.
Okay, let us take the next case.
One of the biggest questions that we get one of the most frequent
questions we get, the husband owns the house, right? Mostly, it's the
husband who owns the house.
And he reckons he's going to die first. And he's worried about
where his wife, the mother is going to stay.
Okay. So what he wants to do is make it such that after he dies,
legally speaking, all the assets will go to the wife anyway. Right?
Unless they've made a will.
Even Islamically speaking, he knows the laws. So what he wants
is he wants the wife to have the right to stay in the house until
she dies, only then will it be distributed among everybody. Now,
that could be another 2030 years. So now,
many people know that Islamically you can't do that. You can't
insist on that. Right? Because as soon as the Father will die, the
mother will have a right to 1/8 The children will have the right
to the rest of it. If they don't have any parents, so they can
technically tell her to leave and look after her themselves. No,
that would be a separate obligation. But they can do that.
Now, some parents, they trust their children that
they will let their mother continue to stay in everybody's
house after his death. It will be everybody's house. They trust
their children so they find out that others don't trust their
children too much. And they want to put it in a will. Now you're
not allowed to say
It has to be held until death, because you're then depriving your
other inheritors from their rightful share. However, you can
make it your wish, you can say,
this is what I would like for it to be. And if you've done the
right tarbiyah, and nurturer of your children insha, Allah, they
will take care of her. Or if they don't want to take care of her in
that house, then they will bring her to their own homes, and they
will look after her there, whatever the case is, right? Now,
if you do have a fear that she will not be looked after, and you
want her to leave her assets, but there's a few things that you can
do, okay? So I will suggest three things, three options you have.
One option is that you can just gift her the entire house, if you
think you're going to die first gift her the entire house, the
whole house is yours.
She is living with you. So you don't even have to take your stuff
out. If a husband says to his wife, all of this is yours.
It all becomes hers. Right? If he's serious, right. But there's a
risk in here, let's just say that she dies first. If she dies first,
then her inheritors. If she's still got some will have a right
to the house, and then you're going to be without the house, you
will get a portion of it, a quarter of it, your children will
get the rest. If there's her parents are alive, they will get a
portion as well. That's the risk in there.
So that's not a very good idea. The second idea, the second option
is you gift a half of those, if it's not already her half of hers,
then you give her half of the house, I own half, she owns half.
Now, of course, if you die, she still maintains 50%, she's got
half of the equity in that house, plus, she's going to get another
one eight of the entire estate that you've left behind. So she's
probably going to be ending up with more than half of the house
Hamdulillah. That's very good. The benefit of that is, if they're
going to cause a problem, well, she can sell the house and buy
something smaller, maybe, right? Because she's got more than she
owns more than 50% of the house. And if they of course, let her
live there, then it's all fine.
So that could work as well. The third one
is that it's a bit more complicated
is that you designate this as a work an endowment during your
lifetime, you say this house that we're living in, right and any
other asset you want. This is now an endowment a work for me and my
wife to stay in until we die.
Right?
A work means that you're removing something from your ownership and
giving into the ownership of ALLAH SubhanA wa Tada for a good cause.
Right? Now, you're saying how is it a good cause that me and my
wife living there, right, that's just selfish. That's just ours?
Yes, it's allowed to temporarily do that until your deaths. But
after your death, after what you've stipulated, it will go to
the charity that you've named, it will go to the poor, for example.
So if you want security, let's just say you want security, then
in this case, what you can do is you can say, I'm going to do this
as a trust, it will be for me until I die, and for my wife until
she dies. And then you could also say it's for my children until
they die, then it will go to the port that's also allowed. The only
caveat here in a work is that while you protect it in this
sense, and then nobody gets shares, and they can just use it.
After that last, after the last person dies in there, it will go
to the poor, which means your grandchildren will not have it
unless you keep it for them as well. And for them and them and
them and them problem is gonna get too complicated. Eventually, in
100 years, you might have like 100 people vying for that house, it's
too complicated. This may be work, maybe will work for somebody who
doesn't have any children, right? Or who has one child or something
like that. And he's given them enough already. And he says, Okay,
I want this, I want my wife to be secure after I die, I'll make it
an endowment for me and my wife right in your lifetime and it will
become an endowment until she dies and when she dies, then it will go
to such an such a mother as such and such a masjid such such a
relief organization, or whatever the case is, you could do it that
way as well. Now, I know I'm explaining all of these things. If
they're confusing or whatever, and you're interested in them, you can
ask the question later on, or you can contact us later on and
inshallah we can help you with this. Besides these three. I can't
see any other solid way, the only two to keep the house for the wife
until she dies and then you get distributed. The only other way
you can do this is if the children agree and you've brought a good
children and they
going to look after the mother, then that's, then that's fine.
Issue number five, the father sold his house to one of his sons. The
son has not paid yet not paid a penny. It's been 20 years. Maybe
the house that they're living in, maybe another acid, it's been 20
years. agreed price. It was 300,000. Right. Now the price of
it is 500,000. And the father days. Okay.
And all the other children are there and they're saying
this house is 500,000. Now, you have to pay 500,000 to everybody.
What is the answer to that? Well, the answer to that is, if it was
clear that they'd made an agreement to sell the house, the
father was sold the house to that son for 300,000. There were
witnesses, it was a done deal. He may have not paid a penny, he only
has to pay 300,000.
Because that was a done deal. As I said, if you've sold something to
someone, that deal is done. Now, the fact that he didn't pay well,
that was up to the father that he didn't chase him for the money or
whatever the case is. That's a different issue that belongs to
him. As long as this is done with witnesses or in writing, and
people know about it. Preferably do this in front of inheritance if
you're going to do this, okay. Now, this is such a problematic
issue, where there's not a witness in this. I was called to a family
of, I don't know, five or six brothers and like two, three
sisters, and it was about the house. And what was interesting is
that two of the brothers
the claim was that now the father had passed away, had fun passed
away a few years ago, the father had passed away and the youngest
brother was saying youngest to the second youngest was saying that my
father sold me this house.
He had no proof. The only proof he had was another one. His youngest
brother, he's in his way. Yes, that is what happened.
Okay. And I can't remember if there was one sister who, who also
agreed with him, but the other three or four brothers and the
other sisters, they did not know anything about this.
Actually, no, it wasn't the sister. I think it was the mother
who agreed with him, the mother and one brother, and everybody
else disagreed. They were saying he didn't. And they had actually
circumstantial evidence to show that he didn't do that, that it
was not sold to him. So now it's like, here, you've got half a
proof. Not full proof. Right. And here, you've got other
circumstantial evidence. I mean, there was no way to I told him
Look, just agree on something, let him buy it. But maybe you just
give them actually he goes, No, that's the that's the amount I'm
going to give. That is what I agreed to. But he had not paid any
money. I said, Why didn't you pay any money? He said, Well, I didn't
have much money at that time. And then he didn't not really pursue
me for my money. Sorry to pay for it. It was just a huge mess. Now,
all of these brothers are broken. There's disunity among them. So
don't do crazy things like that before you die. Right? Make it
transparent, make it clear, so that you don't leave fire in your
home afterwards. It's not worth it. If the father agreed to sell
the house to this son. But actually, it was just the promise.
No firm agreement took place. Nothing in writing. Nothing in
front of witnesses. The price there was a price discuss a you
know, I want to sell this house to you how much Oh, it's 400,000
pounds or whatever. Okay, that's fine. Whatever, we'll talk about
it. Yeah, that's, that's, I remember that being the case.
Yeah, we'll do it. We'll do it, we'll do it. They actually never
did it. There was no proof for it. But that son,
we don't have any proof. But what the son is saying he sold it to
me, but there's no proof at all.
Right? Or it was just the promise.
So if it was just the promise, no firm agreement was made. Actually,
let's take the case where it was just a promise no firm agreement
was made.
Then it will remain everybody's and it will not become that
person's because remember, the offer and acceptance on a price
did not happen. Issue number six
gifting to children during their lifetime, what is the best way to
give gift to your children? How do you have to gift it? Are you
obliged to gift to your children according to their inheritance
shares? So should you have to give
double the share to a son that you give to a daughter? So the answer
to that is no. During ones lifetime the books of
jurisprudence are very clear that you can give everybody equally the
your sons and daughters equally it doesn't have to be double for the
sons and less for the sisters. In fact they actually encouraged that
that's what you do. Yes. If you leave anything after you die, it
will be live Zachary mythological insane as Allah says in the Quran,
brothers will get double the share of sisters but in your lifetime.
You can
It's actually recommended in many cases to give equally. Okay,
that's understandable. Now can you give to one daughter or one son or
two sons a bit more than the others. Because there's a very
strict Hadith about this, the Prophet sallallahu alayhi wa
sallam, somebody came to him and said, I want you Yaroslavl, I want
you to be witnessed that I've given this son of mine such and
such an amount of money. Now, maybe the Prophet saw some knew
that there was some issue. There was some unfairness, he said, Did
you give all of your children this much? He said, No. She said, Then
why are you making me then a witness to something that is
unfair. So from this, we understand that you should be
fair, the reason why you have to be fair in this is because
obviously, they're your children. And you're going to do a cut or
rhyme, you're going to be cutting the ties of relationship by
depriving someone giving the others as bad. And you don't want
to do that you should not be doing that with your relatives. So
that's why you should give equally however, if you want to give one
more than the other, there are some cases in which that's
allowed, right. And a lot of people have discretion. For
example, one of the sons or daughters, they've been of the
huge amount of service to you, they're the ones who are always
helping, and the others, you know, either don't have time or they
live further away or whatever, then for that, you are allowed to
give them more, but you can't deprive the others entirely. You
give everybody but you can give this person more in your life. Now
remember, this is all about in your life after death, right as
inheritance, they will just have the shader Quran gives them so if
their sister another one says that will get the same, if they're a
brother, another brother, they'll get the same. But in your
lifetime, you can actually give somebody more or for example, one
is poor than the others, mashallah all the others, they have a house,
right. And this poor one is struggling, tries his best
struggling, you can give them some more, again, you give the others
you don't deprive them, but you can give them more. Another one
is, for example, if one is working in some really, really useful
field, very religious field, you know, as an animal, whatever, and
they don't make so much money or whatever, then again, you can give
them more if you want to. And a fourth, a fourth issue here within
this is that can you deprive a child because they're doing
something really bad in your life. So remember, after you die, even
if you hate your wife, or your husband or your child, you can't
deprive them, you leave money, it's going to go to them, whether
you like it or not,
right? As long as they're Muslim, and you're Muslim, then they're
going to get some, but in your lifetime, let's just say you
decide that if I leave it as inheritance, then it's going to go
to all of them like this. So what I'm going to do is I'm going to
distribute the bulk of my assets during my life, and in that I want
to deprive that particular son or daughter, because they they have a
very, very bad attitude, bad attitude in the sense that their
abusers THEY MAY be addicted or something like that, and they're
going to abuse the money in the wrong thing. In that case, you
you're not obliged to give them you can just give the others you
can deprive them in that case. But again, if you're doubtful, you
don't want to be you don't want to be accountable for in the
hereafter. So just maybe consult with with an animal about this.
Okay, issue number seven, I think I hope I'm going in the right
direction here. Sorry, the right numbering here.
Can inheritance be received from non Muslim relatives
Alhamdulillah, we have many, many converts whose parents have not
embraced Islam. And in Islam, there's a simple law, that it's
only co religionists that inheritance inherit from one
another, which means that by the default inheritance laws, a Muslim
cannot inherit from non Muslim parents are non Muslim relatives.
However, in most cases, I just had a case recently.
A person I know he had, he's got non Muslim parents and his mother
left him 30,000 pounds.
And so he thought that there was no way to get this money because
the the general law is you cannot inherit from your non Muslim
relatives. So I asked him to question and she'd actually left a
will. And in the Will he mentioned $30,000, or pounds for him, and
30,000, for whatever and so on. Because she's left a will. That
will is actually a request. As I mentioned to you right at the
beginning. This is the associate anything that you write for
somebody who's not going to inherit from you normally, you can
write a request for them, and that would be valid in up to 1/3 of
your assets. So Masha Allah, because she'd written him in her
will that will is essentially a bequest, it's tantamount to a
request. So that money is completely valid for him to take
30,000 Because it was up to just 1/3. And there was a lot more
there was more assets, so that money became valid for him. That's
why if there's an if there's a Muslim brother or sister who has
non Muslim relatives who want to leave them something behind, as
long as they write in their will, that he's going to get this
amount. They can take that amount, as long as it's up to 1/3 and even
some cases they will probably take more if there's no other inherit
says whatever, but just consult a scholar there. Right. But if they
did not leave a will, then he would not be able to take
anything. In that case, I think it's probably the government that
will take anyway if they didn't leave a will adopted children. So
the next issue is our eighth issue is some people have mashallah
adopted children. For example, I know a couple where the husband is
married to
me to a wife who has children from before. So they actually
stepchildren actually. So stepchildren adopted children
maybe
can they receive inheritance, again, they are not natural
Quranic inheritance, they do not have a share. Inherit,
stepchildren do not have from the step parent they have from their
own parent their biological parent, but not from their step
parent. Likewise, adopted children will also not have from the
adoptive guardians. However, again, you can use the Perseids.
So the bequest room, so up to 1/3, you can leave for them, you can
leave up to 1/3 from them, okay?
For your adopted children, or for your first for your foster
children or for anybody for that matter. And likewise, for your
stepchildren, you can leave something is another scenario that
I want to speak about, which is, it doesn't occur all the time. But
he can occur. Now understand it this way.
The grandfather,
okay, he's still alive. And he's got assets. And he's got, let's
just say two sons for ease to make it easy, two sons.
And both of the sons have children. So it's the grandfather,
two sons, and then grant grandchildren from both of his
sons. And maybe he's got daughters, right. So just to make
it easy, he's got two sons,
the one son dies before the Father. So the grandfather is
still alive, and one of his sons die.
He's got children, then the grandfather dies, the
grandfather's inheritance will be received by this son,
not by this son, because he's already passed away, and neither
by his grandchildren from that son, it will be for this son.
And the it'll be his son. And if they've got, if he's, he won't, he
probably wouldn't have a father by now or a mother. But that would be
the inheritor. And maybe he's got run sisters or whatever, but that
would be the inheritor. Now, we had a case like that recently.
So this part of the family is saying that their second cousins
are saying, why aren't we receiving anything? Well,
technically, they don't receive anything because the father wasn't
alive. Right.
So in this kind of a case, what we recommend for would have
recommended to the grandfather is that if you do have a child, who
has passed away before you, and they've got children, then leave
something, if you want, leave something as a bequest, as we'll
see here for them, because they will not inherit by default. You
might be saying, Why don't they inherit, it's because generally
speaking, when a person dies, and he's leaving
sons and grandsons or daughters and granddaughters, right, but
generally with sons, the sons will inherit, the grandchildren will
not inherit, that means even if there's one son, they will get one
son wonder they will get but the grandchildren from either them or
a debt, a deceased son, or deceased will not get anything,
right, because there's somebody closer. So that's why you can
leave a bequest in that case.
For them to get an amount up to 1/3, you can do that. Okay, the
ninth issue is,
there's a lot of online calculators out there today, where
you can plug in how much who you got, and then they give you an
amount? Many of them may be correct, right? So I've tested
some of them, some of them are correct, but some of them are
incorrect, right? There's people with good intentions, who may have
put them up there. But when it gets to the more complicated
issues, they just can't work it out, right. So that's why you can
use them maybe to get an idea, but then always try to have it
verified by a scholar, that this is the correct so that there's no
surprises afterwards. The 10th issue is
a bit of advice. This is don't delay an inheritance distribution.
Otherwise, it's just going to get more complicated. When the disease
passes away, give it some time. You know, everybody's calm and
everything and then try to sort it out as soon as possible.
Right, try to sort it out as soon as possible. Now, there are two
stages to this one is you have to sit down determine all the assets
and when a person dies, their clothing everything is part of
The assets, right everything that belongs to them, the cash, the
properties, the
whatever they have inside the house, everything is up to be
divided. So the first stage is you get together, and then you
determine who gets what, you know, you figure out what shares a
percentage everybody needs to receive. And then you decide that,
okay, this is one six for you, and this is for you, and this is for
you, all of that, then there's the distribution, so then you actually
divide everything up, right, there's a whole procedure to them.
If you cannot divide it, let's just say the mother still staying
in the house, and you're gonna allow her to stay in the house.
Right?
That's fine. But at least sit down together and determine what each
person shares and of what, let's just say that there's someone,
you've got cash, and you've got the property. And there's some
people who say, Look, I'd rather keep the property, I don't want
the cash. And some say we want the cash, you can negotiate the cup,
the brother and sister inheritors, who say they want the cash, they
can take the cash, and then you're left with the house. Now you can
let your mother stay in there, or whatever the case is, that's fine.
But at least it's all negotiated and done. I'll give you an
example. Somebody passed away. And he left behind several pieces of
land and property in India. Right now, after the death.
Two of the brothers or one of the brothers said that, we will manage
this, and we'll pay you out.
That's the they said, We'll manage this, and we'll pay you out the
sisters that will pay you out.
So they said, that's fine. But they never came back to them. And
never, they never said anything, they did not tell them what the
value of the assets were, they did not give them any money. Nothing.
After, I don't know, 10 years or whatever,
they they are giving
a certain amount of money to each one of the others, right, the
sisters and so on.
What's going on,
what they did was the value of the land at the father's death, they
kept that same value.
They only telling everybody what the value is now. And then they
tried to pay everybody according to that, even though that those
assets have now increased by five to 10.
times. So they're paying after 10 years, and they're still giving
them the price of 10 years ago, whereas there was no negotiation
or determination at that time as to what it was and what exactly
was going to happen. The sisters, they just assumed that
they will figure it all out, let them know. And then they will tell
them that was the idea. So that's why they all gave the money back.
And they said no, we want it according to today's price,
because it was left like that.
That's why it's not worth doing that. Sit down, determine the
value of it, by everybody's agreement, get a surveyor if you
want to otherwise just do a valuation at home, then if you
want to keep it like that for everybody, that's fine. It's
everybody's if you don't, and two or one person wants to buy
everybody out, then they can negotiate that then and then say,
okay, I purchase
all of those lands from you at this price. That's the agreement,
but I'm going to pay you in, you know, so many years. If they
agree, that's fine, then you fix the price. Now you can pay now, if
you paid them after 10 years, you you only have to pay them for that
price. There's no interest in Islam, right? And you've agreed
and it's up to them, if they want to give you that facility to pay
later. If they don't they say no, we want to run in two years, we
want the money in one year, or women in five years, they can do
that. But even then
the it's fixed if you didn't do that, and you just said I'd like
to buy it, but you didn't tell him how much you're going to buy it
for how much it's worth, then it was just an offer. And there was
no proper acceptance, no proper agreement, because there's
ignorance and unawareness and ambiguity in what you exactly
agreed upon. So that's why it will remain everybody's ownership until
you actually sit down and decide among everybody. For example,
let's say person passed away. And he had a business in which some of
his sons were working and others were not. Right, some of his
family members were working and others were not. And they did not
bother talking about it. They thought, oh, it's ours or
whatever. Now everybody's gonna have a different idea in their
mind. Those who are working in the business, they think that they
should now own more of this business because they're the ones
who are continuous and maybe they've even improved the business
and so on. Right now, after 10 years, they decided, okay, let's
do something, you know, give us our share, give us our share. So
now they want to give them the share of the value of the business
as it was when the father died. You can't do that anymore. Because
there was no negotiation and agreement then at that time, they
just carried on. So while they can take a salary or whatever the case
is, but the bill
Business now with its increase is belongs to everybody, because it
was their assets, and they continue to be shareholders in
that. Now had they agreed straightaway that look, the
business is, is this much. And if you guys don't want to be part of
it, we'll buy you out. So they agree on some whether they paid
their money or not, at least they've agreed to finalize the
sale, they can chase them for the money, then in that case, it
becomes fixed. And that is what they will set it to them for final
two points. So point number
10, or 11. Point number 10.
There's been a big tradition, unfortunately, really bad
tradition of depriving sisters, depriving the women folk of
inheritance, maybe two, three generations and above. Now,
I think it's changing and people are giving their sister shares
from their parents
inheritance.
If you are a person whose sisters or aunts did not receive a share
from the inheritance, and you benefited from it, then while you
may not be able to fully correct everything, whatever was your
portion, and you can make a decent estimate, then you should either
go and give them an amount of money to try to make them
satisfied, or at least go and seek forgiveness for them. So at least
your assets do not have any adulterated somebody else's right
in your assets. That's just a simple piece of advice to the best
of your ability, you can try to do that. So at least it will be clean
in front of Allah on the Day of Judgment, they won't have any
challenge against you. The final point, they all sit down to
distribute the shares. And the mother is saying, I don't want
anything. This is generally what happens. A mother says I don't
want anything, it's your my children is going to come to you
eventually when I die anyway, I don't want anything.
Right?
Can you do that? The owner must say you cannot just forego your
share.
Right? The reason is that when you inherit something, if
somebody dies, his inheritance, they inherit, they become owners,
they already have ownership. If I say I don't want anything, where's
that going to go? I have to give it to someone.
Right? And there's a way to give, you can't if you don't have it
yet, it's still there in the form of the house or in the form of
cash and you've not even touched it. You can't just say I don't
want anything. I mean, you can say that, but it doesn't work. Right?
You can't just forego they say there are some elements that you
can, but the stronger view seems that you can't just forget it,
there's a way you can do that. This is a bit complicated, right?
So what you do is,
there's a few ways to deal with this issue.
If they distribute it all, and say, Okay, this much is your
money, you've got the money, or you've got a check in your hand or
whatever. And then you say, Here you go, I give it back to you,
that's completely fine. Because you've got it, there's going to be
no pressure. And one of the reasons why they say that you just
can't feel go is because in these kinds of cases, there's a lot of
pressure, especially upon the sisters, upon the mother or
somebody else, maybe she needs the money, because she wants to donate
it, maybe she wants to give a special gift. But she's
embarrassed. Right? Because it's a tradition or whatever the case is.
That's why they say, give her share. And then after that, let
her give it back then it's fine. A sister just called me recently,
her husband has died. She's got two young children. She's got a
mother in law, right? And she's got brother in laws. Now her
mother in law said, for the house that she lives in, right? That the
this wife, this widow lives in now, I don't want anything, leave
it for you and your children. But I told her obviously, and she
doesn't want to do that either. I said, Okay, what you do is you get
the money together, that is her share of the home and give it to
her and then if she gives it back to you, Al Hamdulillah, then
you're more than happy to take it, right. And then that's completely
fine. There are other ways of doing it. You can say you can say
Okay, give me a certain thing in lieu of this. But I would say that
in that case, you consult the OMA and maybe I'll do something more
in detail later about the exact ways of doing that. We've talked
too much today. So inshallah I will stop here. Hopefully all of
that was clear. But anyway, now Inshallah, I will take your
questions. If the wife or husband has a pension and they nominate
the other spouse as the beneficiary of the pension in the
event of the death, how do the inheritance rules apply? This
generally depends on the pension. Okay, this generally depends on
the pension. So
if it's a pension that they were contributing to,
as part of their contribution, that means it was their assets and
that means that that pension has to be going at this has to be
divided according to inheritance because it's your assets that have
been
that have been received and you will
have to do it as inheritance. Now, if it's one of those
if it's a different type of inheritance where you actually had
no say in it, it was it was taken compulsorily from your, from your
assets. And that, that kind of an inheritance where you had no
contribution, and it was obliged for you to contribute from your
salary and so on, then in that case, whoever's name and on the is
on there, it will go to them. Right? It will go to them.
When in your lifetime, you can give some kids more than others,
what about if a child is a drug user material, something, can you
leave in a trust for that one, you can, you can leave in a trust for
that one, if you want to, as I said that any money you left is
going to have to go to
whether you call it is going to have to go to your inheritance. So
for you to leave just a trust for that particular individual, you
will have to
contact a scholar of how to exactly work that out, because
there's going to be some legal aspects as well, that you're going
to have to consider in that case. So I won't give you a detailed
answer right now about that. What if one of your children becomes a
non Muslim? Can you leave them out of the inheritance, you don't have
to leave them out of your inheritance, they will
automatically not receive anything anyway. Right? Which basically
means they will not, which means that you should actually not put
them in your will anyway. Right. But they can't receive anything
unless you made wasI it for them. Because it's the same thing that I
mentioned earlier that if you're Muslim, your parents are non
Muslim, you can't automatically inherit, they have to leave a will
for you. So in this case, as well, they shouldn't inherit, right?
They can't inherit unless you leave a bequest for them. So you
just don't do that if you don't want to give them anything. So
don't worry, if one child is more in need than the others parents
give them in the lifetime. Is this okay? Even though the siblings
don't agree? Yes, you can, as long as you're not depriving the others
like in some kind of active way, and it's not oppression? I would,
I would be questioning why the others have a problem with the IU
overdoing it, maybe you should just consult with somebody about
this. Right? Maybe you should just consult with somebody about this.
So it doesn't become favoritism without realizing that's what I
would suggest. What if you buy a house using your name and your
partner and both contribute to the deposit but only the husband pays
the mortgage? You have to decide among yourself? Whose is what,
right. If they both paid for the deposit, then I'm assuming then
the wife will own that much anyway, unless she's gifted that
pot gifted the deposit to the husband, right. So you have to
agree between you that who now owns what, so you could be paying
for all of it, and you can still give half to her. If she's paid
for a deposit, that assumption is at least that much is hers, then
you can decide on who gives? And who who's is the rest. It's
whatever you guys agree. Of course,
if one, if one person is giving something, and you say none of it
is yours, that would be wrong, unless they agree with that. And
they say, Okay, I gift it to you. Right? What if the father has
agreed to sell the house with an agreement that the son can pay on
a monthly payment, father's given possession and name also
transferred, then it's fine. They just paying in installments,
that's completely fine. That's just a normal transaction. It's
become this, they just owe the money. If if the father dies in
the process, and the rest of the money has not been paid, he will
owe that money to the assets because that's a credit a that's
that's a debt owed to everybody else. So he will owe that to
everybody else. Of course, if he's, if he's, if he's receiving
an inheritance, then they can just maybe contract that payment
through the inheritance, and then he can just pay that much less,
but then he'll get that much less of the inheritance. But that's
completely fine. That's a deed that's done.
Can you have inflation on delayed repayment? No, that's interest.
Unfortunately, I know we're working within an inflation based
economy, right, which I have issues with, but there's nothing
you can do with that. And you still cannot add that if a woman
wants to adopt a baby will inherit not by default, but as again, you
can leave a bequest or see it for them. After that date, son was
advised to get sisters to sign that they will not get a share of
the house. They were grieving and were told girls don't have a right
to inheritance is this binding in Assam, this is very, very, very
wrong. And even if they signed off under pressure, they should be
able to go and reclaim for this because they they were Miss they
were they were it was misrepresented. They were actually
deceived. And they have a right to the house. And also, as I
mentioned to you earlier, the other reason they have is
according to many Aldemar you just can't forego a share. You have to
actually do something to give it to someone. Right and have taken
it first. So in this case, they still have a right to it. Does the
siblings
Have the deceased have rights on the inheritance? Does the siblings
have the deserve rights on inheritance? In most cases, they
won't. They only have in some cases, in remember this if the
deceased person has left a son than their brother than the
brothers of the receipt will not get anything, right? Because the
sun will take all okay? The father will get and the sons will get.
Only if he doesn't have sons and not a father, then it then it
could go to the brothers. But otherwise the siblings don't get
anything and the sisters won't get anything either. If especially if
they have a son, what happens if your mother has passed away and
your father remarries? How would you work out what you're entitled
to, you don't have to work out what you're entitled to until he
dies anyway. And his wife will only get one eight. Anyway, his
wife will only get one eight, and you're still going to be entitled
to the same amount. Unless, of course, for some reason, he
mashallah transferred everything over to this new wife of his right
during his life, right? Wanting to deprive you guys, that would be a
different issue. But otherwise, you'd get the same thing, the wife
only gets one eight, in that sense anyway, what if someone says I
sell you this house and specifies the time and the sale goes through
before his death, that is not allowed. In Islam, a sale has to
be emitted. A promise of a sale is just the promise of a sale, it
doesn't work. You can't say this transaction will take place on in
two years. Or tomorrow, you'll have to actually then do the
transaction. You can't say this will automatically happen
tomorrow, it doesn't work like that. It needs to be done
immediately on the spot there. Otherwise, just the promise, then
when that time comes, you'll have to actually then go on actively
undertake the transaction again. Otherwise, it won't work. Even if
they both agree, it still won't work. Can I give my child with
some before my death and then deducted from the inheritance? No,
I've already answered that question. Whatever you leave will
be inheritance. Right? Like I said before, if you're if you said to
somebody, I'm giving you this, but don't take from here I'm giving
you the jewelry, don't take from the doesn't work. Of course they
can opt not to take it and they can, that they can take their
share and give it back. They can do that if they want to. But
otherwise, there's no obligation in that regard. In the United
States, there are community property states which mandate each
spouse owns 50% of the marital property. Would that count on the
Islam is the husband didn't give 50%? It wouldn't count, not in
Islamically. So even if the wife actually received that, like in
England, what happens that if you're legally married, after your
death, automatically all your assets, go to the wife go to the
wife. Now the wife refuses to give the children any money because
there was no will that was left for the children, that would be
haram as well. Okay.
This is where it gets complicated, where we've got the Islamic laws
from the Quran so clear, and we've got the laws of the country
telling you to do something or not telling you about maybe enabling
you to do something. Can you leave a will for your grandchildren?
From your daughter's side? Yes, you can up to 1/3? Yes. Salaam,
what have your husband will be getting inheritance in form of
land in India, etc. But it has not been divided by his father or
between the siblings? How does that work? Good luck, make dua.
that's those are the issues where they don't distribute for
generations, and then they try to distribute afterwards. So I would
say that when they're ready to distribute, they will work it out,
then they will decide on who's in share is what and then they'll
decide all of that, and hopefully, there's nobody trying to take more
than others. Allah subhanaw taala make it easy for you.
What's the ruling of the parents have an illegitimate child, that
child will not will not naturally inherit? And again, it depends on
what you mean by illegitimate child. If he was born before the
marriage, then he will not naturally inherit from the father
at least he may inherit from the mother and have to find that out
but because his attribution is to his mother so he should be able to
inherit from the mother but not from the Father. But write to us
and we'll work it out more inshallah for you. Can you believe
more to inheritance than their fiction? No, you can't do that.
You can afford the others agree. But there's a way to do that where
everybody would receive their shares. And then they would say,
Okay, fine, you can take that. What is the punishment for not
following Sharia for the will, Allah knows best, whatever,
whatever. I don't know if he's mentioned. I mean, there are
Hadith mentioned that even if you take one hand span of ground,
right part of somebody else's property, then you know, there's
going to be a certain punishment for that there are general Hadith
like that, but exactly what Allah subhanaw taala knows best. If my
father and mother is
in witness of a child said that either of our deaths, it will
remain the other spouse, and no children can take any parent out
the house. No, this will not be binding, because you're not
gifting anything. You're just saying, If I die, then it's hers.
And if she dies first, then it's mine. That means you're gifting
something in the future.
But you can't gift at the time of death, it already becomes your
inheritance. Again, it will just be advice, it will just be a wish
it's up to them whether they want to do it or not, can adopt the
child inherit, I've mentioned that our children entitled inherit from
a father who has divorced their mother and remarried Of course,
they're still the father. They're still there. Bye bye bye,
biological father, they will still get from the Father, they will not
get from the step mother Though the step mother, her inheritance,
her husband will get some, their father will get some and any other
relatives. So in inheritance of divorce is simple. I mean, if your
mother and father divorced, the mother was married somebody else,
any asset that your mother leaves that death, you will, you know,
you can inherit from that, likewise, she'd inherit from you.
Likewise, from your father, you just don't inherit anything from
the step. Parents.
If father passed away 19 years ago, what time for distribution
came when time mother and since that we don't have money, but have
income coming in through properties, rent shops, etc.
But mother and some sons living at the house said that they need the
money to run the house for food etc. Is that allowed?
No.
The house is everybody. So they are obliged to distribute that or
they have to buy the other people out. And the income is also
everybody's as well. I think you're gonna need, you're gonna
need to consult somebody about this in more detail. Can you plead
ignorance of the details of the inheritance when distributing?
You'd be silly to do that? Obviously, what if the disease had
four wives and children from each wife? Then they would all inherit,
they would all inherit? The wives would all get a share within the
one eight and then the children would get the rest if there's no
parents. If an adopted child is breastfed, can they inherit no
milk children do not inherit, you are doing great job of their May
Allah innovate and accept your efforts. I mean, Europe, I mean,
Europe, I mean, Europe.
Shaker is one God Is it allowed for the husband, to give his
wife's lifetime interest in possession of the house by way of
creating a trust without consulting the other inheritors.
If he creates a trust that work, he can do that. He can do that for
a stranger, so you can do it for his wife. Nobody has to know.
Right? As long as when the time comes to the crunch, there's a
deed, right? That's what it is. But it has to be done during the
lifetime. Regarding inflation and delayed payment, can the assets be
valued in gold, silver, etc. And when the payment is made, the
value in pounds at that time is used to pay? That's too
complicated for me.
Somebody was on my father passed away and my brothers received
everything. Is it my duty to request my share of the
inheritance from my brother? If I do not, would I be sinner? You
would not be a sinner, but then they would be also sending for not
giving it to you. They're sitting on your chair. So sorted out if
you don't want to say look, just give me an I'll give it back to
you or whatever. But sorted out. What if you only two daughters and
have transferred deeds on their name, but one daughter stays with
them and not married? Does this mean Islamically the house is not
transferred to them?
If they've not gifted it to you in any way, shape or form not giving
you active control, then no. Right? How can it be decided who
takes care of a child left from both deceased parents?
There's a whole system in place. The grandparents the Auntie's,
they it depends on what age they are. That's that's how it
generally happens. There's more detail to that. I've got all of
that mentioned in my marriage Book Handbook of a healthy Muslim
marriage about custody issues. The disease has no sons, no parents
only daughters. If the siblings inherit 1/3, how is that split
between? You know, for any of these specific inheritance
question, I'm not going to answer them right now. Right about
exactly who gets what share. This was for general inheritance
problems not for determining shares for that. You can consult
you can send the question to our fatwa center on white thread is
through white thread or zum zum. Academy, okay, if a will is left
with instructions left by Father, does it need to be carried out
according to its full? Or can it be modified? If so, under children
dispute how it should be distributed? It has to be done
according to the Quranic shares, not according to what anybody
says. Even if the father has written incorrectly and given more
to some than others. They don't have to be firm in half and we
moves in Jonathan
Furman half me moves in Jonathan Eastman.
That verse tells you that if the person who's died, right has done
something wrong, you're not obliged to do that. And you can't
go with what somebody else is saying either. If it is incorrect,
just to clarify within your 1/3 that you can give anyone you can't
give to inheritance, yes, you cannot give any of your 1/3 to
your inheritance. You can you can suggest it. It's up to the others
whether they agree with it or not. If my daughter stolen large
amounts of money and does not want to pay back. can I deduct this
amount? Yes, you can. You just have to make sure
But by through witness, you're saying that this is how much that
she has owes you. Then when it comes time for inheritance, that
much can be deducted from as long as it can be proven that that is
the case, it is permissible to give the inheritance share to
siblings in installments if one cannot give one payment. Yeah, I
mean, if they agree with you, but if it's a house and you want the
house and you want to give them and they don't agree with that,
then you will be forced to sell to pay them because you can't, you
can't suppress their right. Unless they agree that they can take in
installments. What or borrow money and then give it to them like
that, if that's what they're saying, what are the obligations
of young adults in terms of inheritance? Like, what are the
things? I would say that if you if you don't have any money, you
probably don't have to worry about it. But if you have any kind of
assets, then you leave a will you can make a basic will, that they
should go to such and such, if you're not married as well, then
I'm assuming the government may take it if you don't have a will.
If a trust is created, does the N have to go to charity rather than
our beneficiaries on death? It depends on the trust. Right? But
if it's a proper work, trust, then yes, it would have to go
eventually to charity. salaams. Do you know of any reputable
inheritance lawyers in Johannesburg? I'm sorry, I'm
sorry. I don't I'm sorry, I don't, but what I would suggest is
contact the jamiat. And hopefully they should be able to help you
find someone. An uncle asks his nephew owner to pay the part of
his inheritance, which he said he never claimed during the lifetime
is older, deceased brother.
Okay. Yep, there's a lot of problems. The more people the more
there is wealth, the more this issue Subhanallah in South Africa,
because they've been there for six, seven generations. There are
big families there with massive, massive problems, because they
didn't they didn't split it properly. And then they just kept
adding and then the greed sets in. Does every thing you said still
apply and work the same way if women owns everything? Yep. It's
just gonna work the other way around. That's all martial
important. I'm gonna recommend everyone obtains professional
advice. What if mother refused to give for the property share out to
their kids, and she gets upset when I talk about it? Will I get
Guna? If mother gets upset? No, she's gonna get guna as you say,
right, or Guna? As you say, it's actually one and guna is like when
you're doing the drill. Right? So it's gonna or sin, she would be
the one who would be sinful for refusing. Is it sufficient to
write in a will in the country that I want my state to be the
according to the Sharia. Okay, I know this that in England, if you
write in your will, that I want my assets to be divided by Sharia and
you don't mention what the shares are. That will not be right. If
we've got a lawyer here, they can stay here they can confirm that it
will not be valid. You have to say some exterior you don't have to
say that but then you have to actually mention the shares very
important. You mentioned the allotments I know that for sure.
Okay. Okay, As salam Alaikum Warahmatullahi Wabarakatuh doc
Allah here for all of you being here, and
Zack, allow her to Zack Allahu Allah bless you all. And keep us
in your two hours. All we want is look we want people to be able to
benefit from this so that they do things right and they stop leaving
a wall right they stopped leaving
they just stopped leaving problems behind them really try to do the
best that you can. That's the main thing just try to do it right get
understanding and do what's right inshallah. Okay, let's just make a
quick door alarm and the Salam o Minka salaam Tabata Gilardi
Vikram. Allahumma salli wa salam ala Sayidina Muhammad wa ala
Sayyidina Muhammad wa, Salam o Allah assist us Yeah, Allah help
us Yeah, Allah forgive us yeah Allah We want your blessings Yeah,
Allah We want your love your Allah We want your generosity. Yeah
Allah guide us. Yeah, Allah grant us the best of information. Yeah,
Allah grant us the best of knowledge. Yeah, Allah allow us to
fulfill the responsibilities that we have in this world of Allah do
not allow us to leave a blazing fire behind them, of Allah behind
us of Allah allow us to do what's right for our inheritors and for
ourselves, of Allah accept us and Allah allow us to leave a good
legacy behind us, allow us to do right therapy of our children,
both in our life and even leave good children behind and good,
good inheritors behind, oh Allah. Bless all of those who are here
today and allow them to get the best of what was said today. And
Allah forgive us for our mistakes. Forgive us for our mistakes that
we have committed in the past, forgive us for any rights that we
may have suppressed of somebody else, allow us to be cleared from
our depths, and our wrongs and any violations before we die so that
we can stand on the Day of the Day of Judgment and hope to meet you
and you love to meet us and we get a place in general for those
Subhan Arabic herbalist that mIRC foreigner, Salam al Masri not
under the European Medicare JazakAllah here for listening. May
Allah subhana
Motala bless you and if you're finding this useful, you know
as they say to that like button and subscribe button and forwarded
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Wabarakatuh