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.