Haitham al-Haddad – Live QA Inheritance

			This is for the parents who got
		

			divorced
		

			parents with children both boys and girls
		

			just
		

			demand okay.
		

			My mother hemel, hamdulillah salatu salam ala Rasulillah This is a very good question which is
related to inheritance here in this country in the UK or in fact inheritance and how to deal with it
in any non Muslim country.
		

			Why in any non Muslim country because once we say none Muslim country, it means that the Islamic law
of inheritance will not be applied either it is not binding, okay which is the case or there are
even problems in implementing it. That's why I strongly believe that
		

			each Muslim
		

			every single Muslim must is obliged to have a will
		

			in this country or in any non Muslim country, why is this because without the will
		

			there is a high possibility for the assets to be distributed in a way that is against Sharia
		

			or there is a possibility for the children to have disputes among themselves over the assets the
father or the mother or the brother or the sister has left. And in Hadith and Omar, the Prophet
sallallahu alayhi wa sallam said that it is not befitting for a Muslim to stay three nights and he
has
		

			he has something to write in his will, but it stays without his will written even Omar said as a
result of this when I heard the Prophet sallallahu Sallam saying this, so, I never stayed the three
nights except with my will return next to my pillow Okay, next to my head, which means that it is
easily accessible not only the problem is not limited to the money and assets, no, we had cases of
Muslims who passed away
		

			and their children were not proper Muslims. We dealt with a case where the brother passed away his
daughter left Islam and she wants him to be cremated because she said that he was not a Muslim
		

			okay, we had the case of Muslim brother he is revert
		

			when he passed away there was no written will. So, his next of kin was his family non Muslims and
they said we want him to be cremated okay. So, this is another reason why I believe that in general
maybe there might be some exceptions. In general we must have written well okay for the will to be
		

			to be valid you have to have it written and there must be an executor.
		

			And there must be two witnesses that this is your well this is these are the three main conditions
for valid will here in the UK, yeah, written to witnesses and executor, okay then
		

			if one of those conditions are not there, then there can be a leeway if that is
		

			if it is proven that this is the will of the person. So I strongly advise every single brother to
and sister to write their will to date in writing and to find any two witnesses, from relatives or
from anyone, okay to
		

			witnesses, and to assign in that will an executor and that will be valid. They don't need to do it
with a solicitor but if they done it with a solicitor, that will be better. Okay, now.
		

			The Prophet sallallahu alayhi wa sallam says, Let us move to the second point the Prophet salallahu
Alaihe Salam says in Allahu Akbar couldn't let it happen. Hapa fella was here tell you
		

			what does that mean? Okay, listen, brothers.
		

			The money you own. Yeah.
		

			The way you spend it
		

			and you give it to your relatives can be summarized in two ways.
		

			Either you give them gifts in your life
		

			and then you can give gifts to anyone you like okay including your legal heirs including your
children
		

			or it is our Savior
		

			okay
		

			a gift means that you need to give it to them while you are alive.
		

			Okay, now, let us take talk about a gift to your children you can give a gift to your children Yes,
some scholars said if you give a gift to your children then you have to give boys and girls equally
		

			and this the Hanafi school of thought some other scholars say no when you give gifts to boys and
girls Yeah, we are talking about gifts we are not talking about maintenance maintenance is something
else maintenance the money that they need to maintain themselves, but we are talking about what is
above the maintenance which is gifts then you have to give the boys okay to share with the girls
okay each one ship according to their inheritance law, if there is a dispute, we ask people to come
		

			to us for judgment. So, this is the gift now, if you don't give them the gift in your life and you
will live their money then the money will be given to them as an inheritance okay and that is given
to them or the assets will be given to them by the minute the person dies. So, the minute the person
dies, his assets or her assets have been already given by Allah to the legal heirs.
		

			Are you following brothers? Allah already distributed it
		

			by the minute the person dies okay. The only difference is maybe he did not the one of the legal
heirs one of the children or the mother or the wife did not take it. Okay. Physically, they did not
possess it physically, but it is there's so for example, a person passed away and he has a big
house. Yeah, he has two daughters. One boy, he has his wife he has a mother and father. The minute
he died each one of them received what share
		

			Yeah, mother and father they received 1616 wife received one eight and the rest are given to the
children decorate material hug them well one day Allah Allah Allah Allah says, but they need to take
steps in order to possess their shares, okay, in their hands, okay. So, that is given this means
that no one has the power to change this.
		

			So, if someone written in his will, I want boys and girls to receive the same thing. I want half of
my assets to go to my wife and the other half to go to my children, not saying to go to father and
mother or someone said I want everything to go to my wife. Yes, the person cannot do this from an
Islamic perspective, he committed a grave sin.
		

			And if we were in a Muslim environment, what he says will not be binding at all okay, but in this
country, it will be binding, yeah. And then the assets will be distributed according to what the
person has written in the world. And it is haram
		

			for the legal heirs to take more than the shares that Allah Allah Allah has mentioned in the Quran
and Sunnah. The Prophet sallallahu sallam said in Allah Akbar could lady happen how Allah has given
each one his or her own drawing.
		

			Therefore we
		

			You say to people, yes you must write you will okay. But you brother or sister you cannot write in
the Will anything that goes against Sharia you have committed you will be committing haram and you
will put your children in Haram position okay.
		

			Now,
		

			if someone has written it like this the children must must act upon the distribution of inheritance
in the Quran and Sunnah not according to the will of the deceased and they cannot say this is the
law of the land this is the will of the Father or this is the will of the mother because Allah's
Will is above all of that okay. So, this is one thing now, me as a person, how can do I have any
control over my assets after I die? You have no limited control over what over 1/3 only of your
		

			assets
		

			Why did we say limited control because the Prophet sallallahu sallam said as soon as was sold so
Kathy 1/3 Only it is in your okay disposition
		

			or what is it in euros use it okay dispose them sorry
		

			it is limited why because you cannot use that third that was given to you to give it to
		

			one of the legal heirs because the prophets are Salam said Allah already has given them you cannot
give them okay anything extra or the less than what they supposed to take okay. You can give it to
other people you can give it as a sadaqa Yeah, as a works any kind of a charity as the Prophet SAW,
Selim said if the person dies then all of his actions will come to an end and he mentioned except
three and he mentioned what sadaqa as one of them okay. So, you cannot do that
		

			the 1/3 As we said you give it to sadaqa or some of the relatives who are not among the legal heirs
okay. Now, let us take the example of a person who left their main inheritance. So, he left a father
and a mother Okay, he left brothers and sisters he left What
		

			wife Okay, he left a children
		

			boys and girls and he left a grant the children so he left all the possible okay, relatives. Now, if
there is a father and mother, the brothers and sisters they don't take anything
		

			okay, this is just to make it simple. If there is a father, yeah, they they if there is a father
What did we say before? No, if there is a father, then no, if there is a father, yeah, then brothers
and sisters don't take anything
		

			okay. So that is done.
		

			Now, so the brothers and sisters in this case will not take anything. Now. Let us come to the Father
and Mother. And let us come to the wife we will give them first because they have fixed as fixed
ships. As Allah Allah Allah Allah says in surah Nisa, yeah.
		

			Fairly on me as sudras okay. You will see Kamala halitosis talk you will see Kamala Javi I will add
income that are able to have on same thing couldn't Anissa InfoPath in a day in development in
Karnataka fella Hannon yes for the other way he from him. When he a boy he Nicola. I mean, Houma, a
Zulu so Mima. Taraka Illa Mia Kula, who will fit in cannula who will oh don't fill it on me as soon
as the cannula who are led by the army as soon as for incandela Who wallet fairly Oh, me are
		

			students. Okay. So if he has a children, yeah.
		

			Sorry. You'll see Kamala healthy Oh Daddy complete academic rehabilitation for input and his Alpha
argumentative Aloma fellow Natsu samatha Rocco in Canada,
		

			where the Ebola Haleakala Hanuman, Houma, Zulu, so MYM what a fairly cool new idea, minima sudo su
min Metallica in Canada who will it? Sorry
		

			Then you shouldn't be worried you mean humans should use each one will have one six if he has a
children, so the mother and father here will have what? Each one will have? One six. Okay. And the
wife will have here what? One eight because of the ayah that comes after that when Allah Allah Allah
says when a communist formatic as well documented the Akula novella thing Canada Oh no, I didn't
		

			mean that you will see it we'll see in a bit. Oh, then well, oh no. Mila Carla in let me Hakuna
commanded for in can Allah Comala Fela wholeness so no matter if you have a children and then they
have one eight, so the wife will have one eight. Okay, do you move 1616 and one eight, and the
remaining will be given to the boys and girls, the children as Allah, Allah Allah says in the eye
that we mentioned we will take two shares
		

			of what is left and the girl will take one share of what is left. And that's it. There's a rocket
stuckness
		

			passed away.