Fatwa ID: 06191
Answered by: Shaykh Ahmed bin Mohamed Umarji
Can my brother’s friend who says that my brother expressed leaving his Inheritance to my sister be followed or should we follow Sharia Law of Inheritance and distribute it between me and my sister as sharia law states.
In the name of Allah, the Most Gracious, the Most Merciful
The Quran mentions explicitly how inheritance should be distributed [Surah an-Nisa 4 Verse 11&12]. Every Muslim should write a will expressing the fact that they would like their property to be distributed according to the Islamic Method.
One should not express or state in their will that they would like to leave their inheritance to some inheritors excluding the others.
In your case, the money should be distributed amongst all the inheritors in accordance with Islamic Law. If all of the inheritors are happy with forfeiting their share of the inheritance and gifting it to your sister they are allowed to.1
Only Allah knows best
Written by Shaykh Ahmed bin Mohamed Umarji
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
1 لا وصية لوارث إلا بإجازة باقي الورثة – الكتاب: المحيط البرهاني في الفقه النعماني فقه الإمام أبي حنيفة رضي الله عنه – الناشر: دار الكتب العلمية، بيروت – لبنان – مجلد: 6 صفحة: 180