Category: Last Will and Testament
Yes. A surviving spouse would take her prescribed share from the estate. A wife’s Islamic inheritance share would be 1/4 (or 1/8 if the husband had children) of her husband's net estate. A husband’s Islamic inheritance share would be...
Read More
It depends on which opinion you want to follow. If both a son and daughter survive, the son and the daughter take the balance of the estate after the prescribed shares. The presence of the son blocks brothers, nephews,...
Read More
This is a very common concern among American Muslims. Thankfully, the Sharī‘a offers solutions to protect your wife’s financial security if you predecease her. First, you are free to gift her property and/or money during your lifetime. This is...
Read More
The Sharī‘a is anchored in divine justice and equity. There are several solutions to protect a wife's financial security by accounting for her financial and non-financial contributions to the marriage. First, Muslim scholars agree that a husband is free...
Read More
In pre-Islamic Arabia, only males inherited. This was changed by the divine message carried by the Prophet Muhammad (PBUH). When the companion Aws Ibn Thabit passed away, he was survived by a wife, three daughters, and two nephews. Consistent...
Read More
We are sorry for your loss. Allah yirhma and may Paradise be his resting place. The death of your child during your lifetime terminates his right to inherit from your estate. In that case, his children—your grandchildren—do not inherit....
Read More
First, it is important to note that unlike American state law, a valid marriage under Sharī‘a has minimal requirements: oral marriages and polygamy are valid. Islamic public policy favors legitimacy rather than illegitimacy. With that in mind, according to...
Read More
Strictly speaking, yes. Some would consider this a transfer during lifetime, so it would not violate Sharī‘a. Others would argue that because the transfer is effective upon death, it would be an invalid lifetime transfer according to the Sharī‘a. However,...
Read More
Maḏāhib (maḏhab singular) are Sharīʿa doctrinal schools. In the 7th century, Muslim juristic knowledge started as study circles (halaqas) in which a pious Muslim scholar - surrounded by people - would debate religious issues and teach interested students. Without an ecclesiastical hierarchy, there was no institutional...
Read More
A joint will, also called a “mirror will,” “mutual will,” or “reciprocal will,” is a will that may be executed by a married couple to ensure that their property is disposed of identically at time of death. In a standard...
Read More
