Islamic last will and testament : difference between trust and last will

السؤال

AL Salaam Alaykum Dr. Kahf I'm sorry I'm late in contacting you but it's due to my health issues. Again, my deepest gratitude for your generosity in helping me sort out the issue of a will. I looked at the issue of a trust or last will and forgive me but I'm not sure what the difference between the two is ? I'd appreciate your explanation. To review my situation : I'm married to a Muslim wife who gave her personal Shahadah in front of me and does believe in all of Islam's teachings except that she's not yet begun to pray although she does say she wants to pray. We have no children. Both my parents are alive. I have 3 sisters and 2 brothers. We live in Virginia which is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. (source Virginia divorce laws) thus our property is deemed to be shared in half for purposes of inheritance. From my reading on your site my parents are to inherit my half with the distribution of 5 / 6 for my father and 1 / 6 for my mother. I had written and signed a document given to my father than upon my death my share is to go to my mother, if alive, and to my disabled sister. I don't know the appropriateness of that document according to Shari’ah since I wrote it years ago without any knowledge of Shari’ah. Thus I understand my half would be distributed to my five siblings upon the death of my parents. Would it be possible to know the distribution of that money to two boys and 3 sisters ? Does the double amount to a son as to a daughter apply here ? Does the fact that two siblings, one brother and one sister, have children impact this ? Dr. Kahf : my true major concern has to do with my wife's half of the wealth. She'll also in addition to our property will receive my life insurance money through my work and a portion of my social security check that I receive now due to my disability (I am legally blind with other major health problems). My wife is a Palestinian whose parents are dead and she has 4 sisters and 2 brothers. She is the youngest. Her family are poor (lived as refugees in Lebanon) and need financial help which she is providing now. Her wish and mine is that she leaves her money to them (they are Christians and thus as you said can't inherit from her) to help them and their children. You've said she can leave up to a third for them but obviously she'd like to leave all of the monies or the greatest majority of it to them. This my dear brother is the most help we need. Obviously, after I die and she's alive she can sell the property we have (house, furniture, car) and give them as much as she wants from her share as long as she's alive. But the issue is : is there some Shari’ah approved way she can give them the money after she dies beyond the one third ? Can she set up a trust fund for her monies to be given to them on a monthly or annual schedule for education etc. ? Dr. Kahf, I haven't told her about the fact she can't leave her monies to her family because she would be devastated for that's all she truly cares about is taking care of them as she's doing now from her monthly salary. As I told you my parents did transfer their inheritance from me to her upon her death. I don't know how this may help resolve the issue as she's still limited to one third. This is the main problem we're facing is how to help her family. Do forgive me for the lengthy note but this issue is truly affecting me. May Allah (swt) reward you for your patience and help to me and to all who seek your advice and guidance. You were generous to offer to help me without payment but if there's any way I can pay you for your help please do let me know. Jazak Allah Khairan Mohamed

جواب الفتوى

أنقر هنالمشاهدة هذا المحتوى

تاريخ النشر

2009-04-01

التخصصات الرئيسية

العلوم الاقتصادية والمالية وإدارة الأعمال
العلوم المالية و المحاسبية
الدراسات الإسلامية

الموضوعات

• الفقه الإسلامي
• الإسلام
• الميراث
• الوصايا
• الثقة

عدد الصفحات

3

نوع البيانات

فتاوى

لغة النص

الإنجليزية

رقم السجل

BIM-729137

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• MLA
• AMA