Final Rights – Inheritance #3
Channel: Muhammad West
File Size: 12.88MB
FINAL RIGHTS – INHERITANCE
Discusses wills, arbitrators, haram money, insurance and inheritance by illegitimate children.
overlay images on the resume similar manner of human 100 blah blah domina salatu salam ala ashrafi Mazzone signum Hamad, while early also Viet marine Assalamualaikum warahmatullahi wabarakatuh Alhamdulillah galantamine, we praise Allah subhanaw taala and will be witnessed that God has the right abortion besides the last panatela and we send our greetings and salutations to our beloved me Muhammad Sallallahu Sallam to spice up your family to his companions and all those who follow his natural End of Time, that was part of the bliss, the Mohamed Salah Salem in this life, and may we be in his companionship in the army. Well hamdulillah Alhamdulillah we begin today inshallah with a few
announcements, and another wonderful announcement that the massages are now open, and insha Allah from next week, most will handle Islam as well, we'd be open, they are unfortunately, limited capacity, only allowed to have 50 people at a time and so, they will be approved of registration. And we also have groups that will be given priority, certain groups that unfortunately we ask that you refrain from attending the masjid if you are have any comorbidities. If you are in the older age bracket, if you must have compulsory on you, then insha Allah, these groups we ask that you you abstain from attending Juma insha Allah you perform the work at home and of course those who do
attend Juma please you know where your mosques and come with socks and heavy Voodoo because the widow area will be closed, bring your masala and we would do everything we can in trouble that is one of the reasons why we are only opening next week is to ensure that you know every single to the best of our ability that precautions are taken to ensure that the module is safe and secure and to sanitize and to deep clean and all these things and so in sha Allah your support in your assistance inshallah will be appreciated. And also another announcement unrelated we want to thank you know, all of you that have continued to contribute to the masjid even though Juma has been suspended, and
even those who have contributed to the stationary pack. So our youth were collecting money for stationary packs for underprivileged children to start the new academic year Alhamdulillah. Allah will you for providing that I mean, we continue our series on the final rites and with this all around us and more so in this pandemic, we see that it's important that we have all our fees in order. And one of the areas which is very complicated is around inheritance is panela. I don't think I've struggled more with a series in a very short series. I'm like I'm struggling with a series on inheritance with so much consultation with scholars of the Sharia consultation with accountants and
was legal experts. And every week, you know, I'm learning new things. And I'm trying to share this with you. And so over the last weeks, we will explain it from a Sharia perspective that we have to it is compulsory on all of us that we have to draft a wolf and that in that wall, we need to you know, we will appoint an executor, we will have witnesses that will look like well. And that person, once we pass away will accumulate our assets and pay off all our debts, they would pay our funeral expenses. And then we allow only 1/3 we are allowed to bequeath I was here to give to a non a up to 1/3, there's a maximum one thing we can give to the magistrate we can give to our best friend we can
give to someone that is not going to inherit, and then the remainder will be distributed amongst our ears. And there were a number of questions that were asked over the last two weeks. And we've mentioned them and you're welcome to look into those things. As I said, What complicates the issue of wall. So really, in the Sharia, the law of neurath subject of inheritance is complicated. What makes it even more complicated is we have the South African legal framework, which we must comply with. And I'd like to thank a number of legal experts that actually called me, they didn't need to do so. But they did that to give advice. And to mention how to clarify certain matters, for example,
very interesting that in South Africa, they have very strict rules that must be complied with in terms of a wall. So there's not Sharia, but the South African law, and if it's not complied with, your law will be null and void. So firstly, it must be in writing, you can't have an oral walk, it must be in writing and it must be signed, it must be signed by the the person who will be deceased, the order that the state or the state takes the lady. So he or she must sign and the will in be typed up, we can be handwritten, and the person who is writing the one who does the writing should not benefit from the wall. So if you dictate, and usually people want to display they will dictate
when someone writes it, it cannot be one of the A's or one of the beneficiaries or the executor, it must be a completely independent third party who must write the wall. And the test data, the one whose wallets upon the one who's willing to die basically must sign on every single page, every page must be signed, and it must be very, very clearly dated. And you must mention that all previous walls are null and void by this one, that you must have two witnesses who witnesses this wall. So in the South African law and the Sharia is the same, you need two witnesses, but in the South African law, the guys who witness the world the two witnesses, they must sign or initial every single page
and they cannot benefit from the wall so it can be the executor cannot sign the wall as a witness, nor can any of the beneficiaries no Can any of the people will get the Rossia so very important and if a person signs the world as a witness, this vanilla that person might not inherit or might be disqualified as being
The executor to be very careful, many times people will say, you know, tell the wife, you know, we'll just find the wall. Yeah, and tells the sun you sign also, as panela, they would be excluded from the wall. So be very careful in terms of who signs the will. Another clause that is mentioned that in the wall, you should put in the case of any dispute, who would be the arbitrator, and we have discussed the assertion, fake rulings that might be complicated. And you would require an arbitrator or third party to come in and pass judgment if there is any dispute. And so it's important that you place in the world that in the case of any dispute, such and such a person or
such all Mr. boddy, the MDC, whatever it might be, they will give haka they will be the arbitrators, and they will determine what should happen in case of a dispute.
questions that came up? So someone said, What if my dad always, you know, my mom, whenever my husband, my wife passes away, and in the accounts of the assets, they all harmony, harmony, like interest, the account interest that they accumulated, although some investments that that person had a pension, that was Haram. And now that money has come to me as inheritance Can I take from this money because this money is 100% Haram. And the ruling is, if you've received the money in a halau, wait, you don't look at what was the origin of that money. Meaning give you an example, if a drug dealer, obviously the money of a drug dealer is haram, if he goes to the shop, he goes to your shop
and he buys a liter of milk from you. And he pays you that 10, right? That 10 grand that you got is Hello money, you did not earn that money through haraam source, you didn't get that money through drugs, that man when he committed the sin, that money is haram for him, but it's hollow for you. And so if you are receiving money through a legitimate means an inheritance is a legitimate means of receiving money, when this is purely 100%. Hello, for you. Even if he has a mean Ramallah hero, there's nothing wrong with it. And it's harder for him because he took possession of it in a permissible manner, namely inheritance. And so this applies to all kinds of harmony that the
deceased person accumulated in his life. And therefore, when it gets inherited, it is Hello for you. What hamdulillah? And this leads to the next question, people asked about policies and Life Assurance. Now, Life Assurance is what is life insurance. Life Insurance is where you pay a policy to a certain company, you say, I'll pay 1000. And every month, when I die, a million Rand will paid out to my children or to my wife, or whatever it might be. This is how the vast majority of the scholars, I have not come across a really legitimate counter view that life insurance is haram, you cannot enter into life assurance. However, sometimes and many companies do this, you are forced into
it, you have a choice. The company, you know, once you be an employee, they automatically deduct from your salary like taxes, you don't have a say in it is taken from you mandatory and so hamdulillah Nelson on you. And then they put this money away in a policy. And when you pass away, the company will pay that policy out to your family. So this was a hot on policy. And we don't know we've invested a degree in research in gambling and hammer and all that. But the money is hello and the family that benefits for that money is permissible and no sin upon them. Is this part of the estate? Yes, it is part of the state if a policy like this comes to and it can be distributed
amongst the IRS, then it should be it should be part of the state and we will include that as part of the assets and it must be distributed. So I'm Shafi stated that any state includes anything that comes into the position of the deceased of the his death as a result of some measures that he took during his lifetime. So if the deceased did some things, and once he died, some money came in, in the Sharia, for example, you have this concept of blood money. So if someone killed you, and you got paid blood money, then that Blood Money comes into your estate and it is shared amongst you is like your other property. And so it is part of the part of the inheritance. The next really complicated
thing as Paula wasn't intended to really go into this area of a lot of questions came up in a lot of discussions of this past week was around illegitimate children and the inheritance of illegitimate children. Question What is an illegitimate child as we see an illegitimate child is a child who was conceived out of wedlock panela a child that was the product of Xena Allah protect us. Rather, to be more precise, a child that is born outside of wedlock are all things Zilla is regarded as illegitimate why why do we mean like that? Because someone can be in marriage and commit Zina. So a married woman might commit Zina. So she's married but she can see now with someone that is not her
husband, and the child is conceived the child is born from this Xena, but because the child was born in a marriage, and he the woman was married, this child is going to be attributed to the husband. We'll talk about that inshallah. So as we say, any child that is illegitimate. We'll talk more about now in a minute, but any child that is illegitimate, number one, that child receives no son so we should not ever discriminate. A child should not be discriminate based on the lineage as somebody No child should be praised.
You know by just because you're the son of so and so, this is not something that issue is innocent upon you, the Father not be the son of the child, nor does the child be the Son of the Father. This is in a very clear in the Quran. However, if the child is illegitimate, when he or she is only attributed, he is only going to be deceived to be the son of Maria, the son of Ayesha, not the son of a of another person. And also we know from the laws of inheritance, illegitimate children are not counted as legal children. And so therefore they cannot inherit, they cannot inherit along with your other children. However, what you should do, if you have any illegitimate children, and it's
acknowledged and known, then you should put in your world and you have to not have to, but it's highly recommended that you give this child with these children, they will see a buck with. And it might even be the case that your illegitimate child receives more money from the state, then your children, because, for example, if you give 1/3 of your estate, to, to an illegitimate child, and at 1/3 is a big amount, and it might be even more than what the children receives in certain kind of, if there were other children, that perhaps they will cheat the remaining two thirds, it might be that they get actually effectively less. And so the Sharia has allowed you to do this for
hamdulillah. Now certainly rules around legitimacy. So this questions have come up, what is it legitimate child? Why do they get married, and the child is born after they get married? What happens now, so as we said before a child conceived in wedlock. So the first rule of this issue, any child that is born inside of a marriage, right, so the woman gives birth, and that child is born. And that child will always be attributed to the husband of that wife. Even if he had Zina with another person, that child will belong to her husband, unless that husband disputed, our husband can reject this child and say, This is not my child. And then there's a very special process called Leon
where he's accusing her of Zina, and she's accusing him of lying as a very, very ugly thing. And so kind of law is something to be avoided. And so it does not matter. And this happened and it's gonna be so solemn, we a child looked very much like an outsider. And, you know, someone said, This is my child, I mentioned it before. And the Prophet said, We don't care what the child looks like it, the child is going to belong to the husband. And so for all intents and purposes, legally, that child will be attributed to the husband This is if a woman a married woman, committed Zina. Now, if more complicated is if the couple committed Zina and the woman was not married, what happens now and he
has a number of scholarly differences. Humble is probabilistic. They say if they committed Zina, they should not get married. And if she's pregnant, that they should wait for the child to be born, and then they should get married, has a very severe view from the humbling madhhab. And that's almost seals the fate that this child will, you know, there is no no way of concealing the sun in effect. The other view is that if the child was conceived before marriage, and they get married, but they are aware that the child was conceived before marriage, then this child will always remain. And so they got married, and the child was born after they got married, but because they know the child
was born, and you know, we talked about the Thursday night Nikkor. And so then the child was born, then it will still be regarded as illegitimate. Even though he grew up his entire life with his father, the father acknowledges This is my biological child, for all legal purposes, this child will not inherit from the Father. This is one view. The second view is, and this is the view of the Hanafi madhhab. And I believe it's the view of the NVC. And it's sort of a view that is insha. Allah, beneficial to society. It is a way the parents realize they made a mistake, and the woman is afraid she might be pregnant, and so they get married, and Alhamdulillah, six months pass, so they
are married for six months, and the child is born. After six months, the child is born longer than six months of marriage. And in this case, if six months passes, and then the child is born, then legally we acknowledge the child to be that legitimate child, even if the child was conceived before nica, but because six months had passed, that child by default, becomes a legitimate child of their husband, and Alhamdulillah is amongst the ears. And we presume that everything is above board, we just say Mashallah, this child was at a premature because the Quran stipulates that a child can be born after six months, the Quran stipulates the minimum gestation period six months. So if the child
meets that six month mark of gestation, Alhamdulillah, it belongs to that Father, and we don't go further and beyond that, then I'm hamdulillah is a third of you. And this is a very modern, contemporary view.
That is even perhaps more easier. It says that so long as the Father acknowledges that this is my child, then it is legitimate. So even if they did not even get married, but he acknowledges that this is my child, and one might ask, how is the soap in certain cases, for example, you have a man and a woman, and they lived in Sun, they weren't Muslim. Now they embrace Islam, and it's got three four kids for three four different women, and he embraced Islam but he did not marry any of them.
He's only got because he wasn't a Muslim. What do we do in such a situation? Do we say all those children are illegitimate? No, as long as he acknowledges it, and he proves that, look, these are my children biologically Alhamdulillah. And he certainly said, This is the view of certain Monday scholars and minifig councils of the world, they accept this. And, you know, Hamdulillah, as we said, these are legitimate differences. These are legitimate differences. These are valid differences amongst the scholars. And the most important thing for us is, of course, to preserve the dignity and the honor and getting to that point behind the law. We perhaps have a bad custom year in
our community that when people make mistakes, and who of us have not made mistakes, and so people make mistakes when they are younger, Allah protect us and zillah occurred, and we know it's the worst of sons. In fact, the most severe punishment in the Sharia is prescribed for adultery, we marry people come in sooner, then the punishment is stoning. As we know the punishment is stoning. Yet Allah has also made it very difficult to prove, and Allah almost made it impossible to prove, by making you required for eyewitnesses that this man and woman had intercourse. So Allah has made the punishment very severe, and made the son very serious. But he also made the onus of proof almost
impossible, and in fact, it's known it's a well known saying that nearly in the history of Islam 1400 years as a proper case of adultery, been proven through eyewitnesses, never has for eyewitnesses come and proven adultery. So the only way adultery is usually proven is through confession. And in fact, in confession, we discourage confession and then avviso Salama refused to accept the confession people came to confess with Medina, he said, Go away. I don't want to hear this. You make Toba. This is between you and Allah and the Prophet Allah rejected those confessions. And so our duty is to conceal and to make Toba. And so if a mistake has happened between a boy and a
girl, we should not publicize this. We should not tell aunties and uncles, you know these two, now we need to do a Thursday night marriage master marriage, we don't let the dunya know we don't even tell the Imam Imam. We're getting married because she's pregnant. No, no, no, we keep these things quiet. And so we let them get married. And as Abu hanifa is really beautiful, thank you. Um, Abu hanifa says, I don't see anything wrong. When two people committed Zina, and he wants to marry her to conceal the sun. I don't see that there's any problem in this. So let them get married within conceal the sun. And in sha Allah we make dua, that child is born after six months. And if a child
is born after six months, seven months, eight months, whatever it might be Alhamdulillah no one else in equations. We don't know we shouldn't even assume anything, let alone investigate and try to either get married on first and it is haram to ask those questions. It is haram to ask now why do they get married like this and so quickly, they've only known each other for one month, and automatically, immediately your mind races. In fact, you might be accusing someone of a cell that is completely well free of. And in fact, if even assuming this thing, or to say spread rumors, then you should be punished with flogging the Sharia says that if you don't bring four witnesses, and you
accuse someone of Xena, then you must be flogged and you are counted as a liar. And so Pamela, we pray that this never happens to us and what our children and Allah protect. But if this happens, when you make your thoburn, you make it stiffer, you do a lot of good deeds, you get married, and insha Allah if the child is born, after six months, this child is legitimately anila. And we don't ask any questions beyond that, if the child is born before six months, then of course it is impossible, but they were conceived in the Nika house, there's no way around it when you make a overseer. And you make sure in the world of that child, as a Shay, in terms of the inheritance from
Lee was a young, the next question that has come up as far as something which was even missing in our wall that we shared, and perhaps it will be updated or something to think about the issue of minor children. And so if you know mama protect us, we might find ourselves in an accident we both mother and father passes away. And our kids now predict one of the worst things is that they are left without a guardian. And so the guardianship who will now look after the key 12, she passed away, if you do not stipulate in your wall, that this person will be the guardian in the event of both parents passing away, then automatically the High Court of South Africa will determine who
should be the guardian. And so the child will then fall into the custody of the court. And the court will then look as at which relative is best to look after your children. And it might not go to the relative that you feel is most fit. Of course, things like Sharia things like practicing Islam is not going to be something that the court looks at. And so it's really important that we put in our wall that in the case of this very, you know, tragic event, both parents passing away that this person or persons would be the guardians of the children. And as we said from the Sharia, usually the mother side of the family is favored, but not necessarily. If we feel that the Father side is
more appropriate, perhaps the grandparents or the father is still alive, then you know, they would be first in line in sha Allah and you know, my
protect us from this, of course also speak to them, you know, it's really important that you have the discussion, and you don't put it in the world, and they will find out panela we've been appointed the guardians, if they reject that, you cannot force the guardianship upon them. The next thing of guardianship, something which I had no idea that if the parents pass away, so the estate, the assets, the house, the money should go to these children. But if they're under 18, they are minors. And so they cannot inherit that money yet, if you do not mention in the wall, so you have to say in the wall, that any assets which go to my minor children should be put in a trust, and this
trust must be for the benefit. And these are the trustees will look after the trust. If you don't say that you leave it blank when that money goes to the government's panela. And it goes into something called the guardians fund. And the government looks after that money in as panela. We know that we do not trust the government to look after that money. It's highly rated every single world not only Islamic walls, even you know from normal legal firms, every single person recommends that the money should not go to the guardians fund because it is inefficient, and there are problems with it. It is best for the children, for the man's to go into a trust. And that trust would look after
the kids. But the only way we will happen is we must put in our wall with any assets that go to mind the children must be put in a trust for the benefit. So important clothes to put in. And we think a certain Brother, you know, he picked it up all the way in Joburg, he looked around, he said you missing this thing. And so hamdulillah we put that and acknowledge it and put it in the world.
And with regards to minor children's panela and this is the beauty of Sharia 1400 years ago, Allah Subhana Allah mentioned these things in the Quran. And so Allah says when looking after the assets of children and looking not just at just the money but looking after them as well the the well being, Allah says to us, while he action Medina lo takumin holifield do return the IFA for Allah you talkin La Jolla, kulu, Colin Salida, Allah said Ameen. Let the guardians if any of you are guardians over orphans, be concerned for that over to look after that often, is how you would be afraid if you were to die, and you lift your own children helpless and in the key of someone else. So let them be
mindful, be fearful of Allah, and always be equitable and speak equitably. So Allah saying treat orphan children, three children whose parents have been lost, treat them the way you would want your kids to be treated. In the event multiprotect that you pass away, it's a panel that thought what would happen to my kids, if I were to pass away should make us think about all those children who are orphans whose parents passed away before they could be adults, then we should look after them that we should, if you can, as we know, the navy seals, and I said the best house is the house which adopts an orphan. And if we can't adopt an orphan, it should really be part of our monthly expenses,
our expenses were part of our monthly payment that we should look often, often financially, at least once, you know make an EFT I believe it's around 500. And I think that's what I know of 500 Rand for you even lists to make sure an orphan is taken care of Let this be part of your monthly EFT is that every single month, you spend 500 to Alan dad on staffing, whatever it might be, and they will look after the orphans and schwannoma. As we said last week, the problem is is charity is that thing which prevents calamity, charity prevents and saves you from calamity. And so that near when you make that FTL I give this money, so you may support and help an orphan but also my insurance policy
that I will be able to look after my kids and give me the opportunity to raise my kids. Yeah. And so with that me up, almost probably except, and inshallah I'm sure there's going to be more questions on Listen, we might discuss it further next week, or you'll continue with something else. But the last thing to point out with this and janazah and walls, the most important thing is think about the depth and the life legacy that we leave behind. It's, you know, a wall is so strange, you will really sum up your entire life on one piece of paper, your entire life is put down on one piece of paper, your assets that how secure for your whole life. I mean, how many is that you slog in the
company to buy this house? And now it's on a piece of paper, we split up, you know, a number of ways between your ears, and you think is this all that I've looked for. And so we should think about we've attended so many journals, as many of us now we've been to so many journals, and we listen to the conversations and look at the emotions of the people. And you ask yourself, when my time comes, will I be must or people must meet will people cry over me what they say about me, you can tell a lot about how you live your life. In the discussions people have around the darkening of the janazah and they speak about he was so and so he did this and that he was that in this she was so and so and
many times Pinilla You know, there's a hadith and ivsa salaam was sitting with the Sahaba and a person's janazah came by and the Sahaba spoke badly about this man, right he did a bad thing. And so the provinces whatever that what you have said now is going to happen with this man. You are witness against him.
He lived a bad life. And similarly, another person's janessa came by and the Sahaba spoke very well about what a good man Mashallah we must be so sad. And so the province is wider but what you have said is going to come, it's compulsory now you are witness to His goodness. And so at our janessa What will people say about us? And will they missed us and what is the legacy left behind? You know, it's not just about the assets that we left behind, you can leave a lot of assets and a lot, but really you left no legacy behind. And Allah speaks about fear Allah when Allah says about them, and how much kantara Coleman jannetty oil and how much fear on his people leave of gardens and
plantations. And so much of Rich's was wrong in Omaha and Kareem And so much of crops and investments and beautiful palaces, when I met him Can we fit him and all the comforts of life that they use to amuse themselves for all the amusement they left behind the holiday houses and everything carefully. And then also just like that, with a blink of an eye, it was all taken away, or or a snack or in a hurry. And it was given to someone else as an inheritance equal passed on to a new people, all that which they worked for just simply went through to the next person. And then the I was Francis, this is the important one was to think about Mr. Beckett, Allahu sama, oh, well,
Urdu, American woman green, and there wasn't a single one in the heavens and the earth, no one whipped over them. No one missed him. That one felt bad for him. No, were they repealed? No, do we get any respect from almost pirate Allah, and so spent a lot of the beautiful things that we do is we weep for the ones which we love. And it's an indication of the goodness of this man of this lady when we cry and we must assume that they've lived a hole in our hearts in our life, that as they exited our life, the prisons mean something and so we make the offer them yeah, Allah granted my place in general, that the inheritance really we take it, it's very interesting, you know, if you
receive even if you receive millions, you would rather trade that in 10 times over, but to get your father your mother, or wife, your husband with maybe to get them back is so much better in these few rounds. And since that we get inherited. And so our hamdulillah the best things we can leave behind are families that love us and make to offer us and the best thing you can do is to leave a legacy of goodness, how you treat people how you interact with each other, how you lived your life on this dunya is going to counsel much more than the assets in their hands that you leave behind some Allah grant us a huge legacy. There is of benefit and of prosperity in this dunya and continues in the
Archaean long after we pass away in certain calf Allah says while back you have to slowly heart that the back yard the good deeds that lost the lost forever the good deeds, they don't come to an end your estate comes to an end but your good deeds will last forever and ever and will equal into January but even like Allahu Allah protect us and grant you all the goodness. I mean, also Allah signum hamadryad it was it was serene 100 Lyra blonde Amina saramonic