{"id":8524,"date":"2016-07-25T17:22:16","date_gmt":"2016-07-25T17:22:16","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=8524"},"modified":"2016-07-25T17:22:48","modified_gmt":"2016-07-25T17:22:48","slug":"mother-making-a-will-for-her-children","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/mother-making-a-will-for-her-children\/","title":{"rendered":"Mother making a Will for her children"},"content":{"rendered":"

\n\tFatwa ID: 01956<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by <\/strong>Mufti Mohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

\n\tQuestion:<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAssalamu-alaikam. My mother is a widow. She owns her own house, as left by my deceased father. We are 4 daughters, but we have no brother. Her parents are deceased. She has 3 sisters and 2 brothers. She would like to know how she should write her will, according to Shariah, regarding the house \/ personal possessions. Please advise.<\/span><\/span><\/span>\n<\/p>\n

\n\tAnswer:<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\t\"Bismillah\"<\/a>\n<\/p>\n

\n\tWriting a will is very important ensuring that upon death ones wealth and asset are distributed according to Islamic law.<\/span><\/span><\/span>\n<\/p>\n

\n\tSaaiduna Abdullah Ibn Umar \"ra\u1e0dyAll\u0101hu narrates that the Prophet of Allah \"\u1e63allall\u0101hu 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)<\/span><\/span><\/span>\n<\/p>\n

\n\tMaking 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.<\/span><\/span><\/span>\n<\/p>\n

\n\tThe following should be stipulated in a Will:<\/span><\/span><\/span>\n<\/p>\n

    \n
  1. \n\t\tThe payment of funeral and burial expenses<\/span><\/span><\/span>\n\t<\/li>\n
  2. \n\t\tPayment of all debts owed to other people<\/span><\/span><\/span>\n\t<\/li>\n
  3. \n\t\tPayment 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.<\/span><\/span><\/span>\n\t<\/li>\n
  4. \n\t\tThe distribution of the remaining wealth among the heirs according to the laws of the Shariah in consultation with a Muslim scholar or Mufti.<\/span><\/span><\/span>\n\t<\/li>\n
  5. \n\t\tSigning of the document by both the will maker and the relevant witnesses.<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

    \n\tMoreover, it is not permissible to make a Will for an inheritor.<\/span><\/span><\/span>\n<\/p>\n

    \n\tIt is narrated by Saaiduna Ibn Abbas \"ra\u1e0dyAll\u0101hu that the Prophet of Allah \"\u1e63allall\u0101hu has said, “Allah has Himself given everyone, who has a right, his right.  So there is no will for any inheritor.”  (Sunan Tirmizi)<\/span><\/span><\/span>\n<\/p>\n

    \n\tThe reason being is that Allah \"sub\u1e25\u0101nahu has Himself fixed the shares of the inheritors; therefore the executor need not make a Will.<\/span><\/span><\/span>\n<\/p>\n

    \n\tFrom the aforementioned discussion, we can derive that your mother would not be able to stipulate in her will the amount each heir will give, but instead leave the responsibility to her executors (which she should name in the document) who with the consultation of a scholar will distribute it Islamically after her death.<\/span><\/span><\/span>\n<\/p>\n

    \n\tOnly Allah Knows Best<\/span><\/span><\/span>\n<\/p>\n

    \n\tMohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

    \n\tDarul Ifta Birmingham<\/span><\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

    Fatwa ID: 01956 Answered by Mufti Mohammed Tosir Miah Question: Assalamu-alaikam. My mother is a widow. She owns her own house, as left by my deceased…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[9],"tags":[],"_links":{"self":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8524"}],"collection":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/comments?post=8524"}],"version-history":[{"count":1,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8524\/revisions"}],"predecessor-version":[{"id":8525,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8524\/revisions\/8525"}],"wp:attachment":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=8524"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=8524"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=8524"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}