Shariah Compliant Will
Question
I am south African. I am married and have 2 daughters. i want to make my will shariah compliant. if i say that my wife and daughters are to be the sole heirs to my estate will that be in order? Or must the will say in terms of shariah law and each of the children and the mother take their portiins as stipulated in the quran?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The will should merely state that the estate should be divided in accordance to the Islamic Laws of Inheritance and Succession.
There is no guarantee of who passes away first.
You may obtain a standard Islamic Will Form from the Jamiat, or you may download it from the following link:
http://jamiat.org.za/islamic-wills/
And Allah Ta’āla Knows Best
Hisham Dawood
Student Darul Iftaa
Chicago, USA
Checked and Approved by,
Mufti Ebrahim Desai.
- Answered by
- Hisham Dawood
- Checked & approved by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/31329
Fatawa SA: https://fatawa.co.za/fatwa/askimam-31329