have one son nearly 18 soon and two daughters married and my wife.
I would like to make a will but have no idea to make the will and how to the make distribute my property according muslim law.
do I have to pay gain or interitance tax ?
In the name of Allah, the most Beneficent, the most Merciful.
Writing a Will is very important ensuring that upon death ones wealth and asset are distributed according to Islamic law.
Saaiduna Abdullah Ibn Umar Radiallahu Anhu narrates that the Prophet of Allah Sallallahu Alahi Wasalam has said “It is not befitting for a Muslim who has something to make a Will of, to stay for two nights without having his last Will and Testament written and kept ready with him”. (Sahih Bukhari)
Making a Will does not mean one is allowed to distribute his wealth during his life. He should stipulate in the Will that “upon my death, my executors will distribute my wealth according to the Shariah” and this will be conducted by a Muslim Scholar or Mufti.
During ones lifetime one cannot distribute the portion of the inheritance for one is unaware who will be alive at the time of ones death. Even the death of one person changes what each heir would have received.
The following should be stipulated in a Will:
- The payment of funeral and burial expenses
- Payment of all debts owed to other people
- Payment of any bequest (wasiyah) including unpaid Zakat or fidyah for missing salah or fasting. However the condition is that it is only executed from one third of ones wealth.
- The distribution of the remaining wealth among the heirs according to the laws of the Shariah in consultation with a Muslim scholar or Mufti.
- Signing of the document by both the will maker and the relevant witnesses.
As mentioned above, one is not allowed to distribute the inheritance during the lifetime however, if you happened to die and left behind one son, two daughters and a wife, the total wealth will be distributed in the following way:
WIFE SON (1) DAUGHTER (2)
Asabah on ratio 2:1
4 14 shares 7 each
The estate will be split up into 32 shares with your wife receiving 4 shares/parts of the property whilst your son will receive 14 shares and your two daughters will receive 7 shares each.
Finally, it is necessary to bear in mind that we obey the laws of the country that we reside in. In the UK, if an individuals total estate is worth more than £312,000.00 the government will by law deduct tax at a rate of 40%. I would recommend that you contact a solicitor regarding this final issue.
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham