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Fatawa Inheritance 2019

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Fatawa Inheritance 2019 FATAWA INHERITANCE, GIFTS TO CHILDREN, ESTATE PLANNING, LAST WILL 2000-2019 FATAWA INHERITANCE 2019 From: Dr. Mohsen Sent: Tuesday, September 24, 2019 Subject: Money and property ın ınherıtance Salam dear Prof. Monzer, Please take the time to answer this question: sam Assalam wale kum, I have few question is related to property and money. 1)My father were 5 siblings, out of which 3 are no more citizen of my country as they left the country long back.My father also died, if the property of my grandparents is to be distributed , will the non citizen siblings will also have a share?? Yes, they will have their normal shares. Citizenship does not affect inheritance as it is irrelevant to it and the verses in the Qur’an do not make any reference in inheritance to the place an heir may line in. 2)Many of the agricultural land my grandfather mortgage for money which my father paid and released, so will his siblings also have share in those property. İf what your father paid is documented, it can be claimed as debt on the property; this is a matter a court may decide. Net value of property of grand parents must be distributed between your father, his siblings and other heirs in accordance with Shari’ah. 3) My father used to stay with his younger brother (my paternal uncle) and he used to keep his a/c etc., but after his death we discovered that he cheated my father and kept all the money, profit, etc. in his name and even he took money from my father and bought land in his own name. Now we have filed a case if we win or if he dies in between will the recovered money be distributed among all my father children (all my siblings) or I could keep the money not (land or property) but his a/c money and deposits etc., as I am the only one fighting for it, my other siblings are happily settled with their lives, and even I have the responsibility of my mother on me. But I want to go with the ruling of Islam. Whatever you spend with prior ondition that your sibling shoud contribute to it, can be charged according to such agreement but whatever you spend otherwise is considered voluntary and cannot be claimed. Helping mother is your duty and you are the winner even if your sibling do not contribute anything because you take the huge reward fro, Allah. You siblings and motherhave shares in the estate of your deceased father. 4) A related question to the third question; my uncle also kept, sadqah, poor people money etc. (these are allegations which I have heard from my family members, and villagers but don't have proof for them) so how will I purify the money as I don't know what amount belongs to whom. Thanks in advance and Jazak Allah Khair for such support. İf you know for sure that your father had an amount of Zakah due on him that he did not pay in his file time, it is better that you pay it to due Zakah recipients provided other heirs agree. Otherwise litterally speaking heirs are not obligated to pay Zakah that was due on the deceased father, it is his responsibility toward Allah. You Zakah obligation begins the moment your father died andyou become owner even before the actual distribution between heirs. My Answer: Bismillah al Rahman al Rahim Alhamdu Lillahi Rab al Alamin, wa al Salatu wa al Salamu ala Sayyidina Muhammad, wa ala Aalihi wa Sahbihi Ajma'in Dear Br. Sam Assalamu Alaykum wa Rahmatu Allahi wa Barakatuh Please see the answers in red below your questions: Wa Allahu A'alam Wa Alhamdu Lillahi Rab al Alamin Wassalam Best Regards Dr. Monzer Kahf Professor, Islamic Finance & Economics [email protected]; www.kahf.net; www.kahf.com/blog ------------------------------------------------------------------------ From: taha Sent: Thursday, September 19, 2019 Subject: Islamic estate distribution questions Dear Dr Monzer, Assalam alaykum, I hope this email finds you in the best of health. I have received conflicting information on the proper division of assets, and was hoping for assistance. I live in the USA If my appointed time were now, I would be leaving the following heirs: Mother 1 Wife 3 daughters 1 full sister --same mother and father 2 maternal brothers -- same mother with different father. May Allah give my mother good health, but if we assume she dies before me, how would this division change? I have other questions surrounding pension/401k division, life insurance, maintaining current home, life style of spouse and children etc., given I am the sole earner in the household...but I will defer those for now (although they are central elements). Thank you for your time, I truly hope I am not wasting your valuable time with this simple question. Best. Tarik My Answer: Bismillah al Rahman al Rahim Alhamdu Lillahi Rab al Alamin, wa al Salatu wa al Salamu ala Sayyidina Muhammad, wa ala Aalihi wa Sahbihi Ajma'in Dear Br. Taha Assalamu Alaykum wa Rahmatu Allahi wa Barakatuh The distribution is: out of total estate after paying all debts and expenses: 1/6 to mother, 1/8 to wife, 2/3 of remainder to daughters equally between them, and 1/3 to full sister. That is: 4/24 to mother, 3/24 to wife, 2/3X17/24 to the 3 daaughters equally between them and 1/3X17/24 to the full sister and nothing to the maternal brothers as they are prevented by presence of full sister. Should your mother precedes you in death the distribution will be: 1/8 to wife, 2/3 of remainder to daughters equally between them and 1/3 to full sister, nothing to maternal brothers. That is 3/24 to wife, 14/24 to daughters equally between them and 7/24 to full sister. Wa Allahu A'alam Wa Alhamdu Lillahi Rab al Alamin Wassalam Best Regards Dr. Monzer Kahf Professor, Islamic Finance & Economics [email protected]; www.kahf.net; www.kahf.com/blog ------------------------------------------------------------------------ From: Dr. Mohsen Sent: Tuesday, August 20, 2019 Subject: Will and Inheritance Dear Prof. Monzer, Hope you and your family are fine. May Allah accept your good deeds. Please take the time to answer this question: As-Salaamu ‘Alaykum, My widowed paternal aunt (father’s sister) has lent £40, 000 to my sister and she has told my sister that she eventually wants the money back. But if she dies before my sister is able to repay her then half this amount is mine and the other half is her sisters (my other paternal aunts who is also a widow). My Answer: Bismillah al Rahman al Rahim Alhamdu Lillahi Rab al Alamin, wa al Salatu wa al Salamu ala Sayyidina Muhammad, wa ala Aalihi wa Sahbihi Ajma'in Dear Br. Zaki Assalamu Alaykum wa Rahmatu Allahi wa Barakatuh This is a kind of Wasiyyah. The Wassiyyah is valid for a maximum of one third of the total net estate of the deceased and can be only to non-heirs. When your Aunt dies, you need to check for this and anyamount that is more than one third is not valid as Wassiyyah (for both recipient). İt is the right of the heirs and should be distributed to her heirs according to our system of inheritance. Wa Allahu A'alam Wa Alhamdu Lillahi Rab al Alamin Wassalam Best Regards Dr. Monzer Kahf Professor, Islamic Finance & Economics [email protected]; www.kahf.net; www.kahf.com/blog ------------------------------------------------------------------------ From: Shakeel Sent: Friday, August 2, 2019 Subject: inheritance of daughters only Assalamu Alykum, How a couple with no son and 2 daughters assets will be distributed? The couple is confused, because someone told them that since they have no son, son's share will go to the father and if the father is not alive then to his brother and if the brother is not alive then to his son. Is this true? My Answer: Bismillah al Rahman al Rahim Alhamdu Lillahi Rab al Alamin, wa al Salatu wa al Salamu ala Sayyidina Muhammad, wa ala Aalihi wa Sahbihi Ajma'in Dear Br. Shakeel Assalamu Alaykum wa Rahmatu Allahi wa Barakatuh If this ouple has no other relatives at all, and if the wife dies, distribution will be: ¼ to husband, 2/3 to the two daughters equally and the remaining 8.33% will be divided equally between the 2 daughters. Should the husband die: 1/8 to wife, 2/3 to daughters and the remaining 20.83% to the 2 daughters equally between them. İf both die together: daughters take one third each and remaing one third is divided equally between them. Of course if the live in the USA and properties are also in the US, wee need to check on community property. İn such a case if they have no prenuptial agreement to say otherwise the above applies only to one have of their community properties as the surviving spouse is considered owner of one half of eveything. İf they have any other relatives, anywhere in the world, we may deal with what is called remaining above in a different way depending on how close is that relative is. Wa Allahu A'alam Wa Alhamdu Lillahi Rab al Alamin Wassalam Best Regards Dr. Monzer Kahf Professor, Islamic Finance & Economics [email protected]; www.kahf.net; www.kahf.com/blog From: Shakeel Please clarify. When the wife die first, why both daughters will get 8.33 % after getting 2/3rd and not just 2/3. Same question if the husband die first.
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