distribution when there is a will, or by a law, that violates Shari’ah : father made a will with equal shares to boys and girls

السؤال

[Question One] : Brother, as Salaamu 'Alaikum, Insha'Allah you are well. I came across the Islamic inheritance document that you prepared with ISNA on ISNA's website. May Allah SWT reward you for th eeffort. I owuld like to use the document for my own personal use, but I have a question about whether something I have in mind is allowed according to the law. Would you mind if I asked you a specific question about inheritance ? [Question Two] : 1. My husband and I are trying to write our will. We understand all the different distributions under differenr scenarios in the ISNA schedule. But here is the questions: we have some joint property that is wholly owned by both (not 50 %). According to the property deed, if I were to pass away, the property would be fully owned by my husband and vice versa (otherwise, we'd have to pay inheritance taxes, this is a good way of joint ownership). However, according to Islamic law, my wealth (and his, of course), would be distributed in a way that he would get much less than all my ""share"" in the house. Now, we prefer it this way, but does this go against the spirit of the Islamic law ? We do not wish to go against the law of Allah. 2. How about beneficiary from life insurance, retirement or 401K plans ? My husband has designated me, of course as the beneficiary in case something were to happen to him in all these accounts that he has through his work. But does this go against Islamic law ? I can only appreciate how nice it would be of you to spare the time to write back to me. May Allah SWT pay you back with better. [Question Three] : Jazaki Allah Khayran for your prompt reply. It is very clear and systematic and Alhamdulillah I understand what you said. I very much appreciate it. If you don't mind, one more question, this time from another end. My parents are muslim, but the law of the land they live in is not Islamic. I have a brother and a sister. If any from my family, say my parents, were to pass away, all three children would get equal shares in the inheritance, though I know according to Islam, my brother has to get more than us. My parents would not be willing to write an Islamic will, they would rather let the shares be equal, I am pretty sure. Also, my sister would not give up some of her share for my brother either, as they are not really practicing. What should I do in such a case ? Should I take whatever is left to me because the parents themselves are not really practicing and they go with the law of the land instead, or should I, out of my own will give to my brother (or other heirs, if applicable) what should have been their due share ? I hope you don't mind me asking, if you do please let me know. Keep me and my family in your prayers Insha'Allah

جواب الفتوى

أنقر هنالمشاهدة هذا المحتوى

تاريخ النشر

2006-01-24

التخصصات الرئيسية

العلوم الاقتصادية والمالية وإدارة الأعمال
الدراسات الإسلامية

عدد الصفحات

2

نوع البيانات

فتاوى

لغة النص

الإنجليزية

رقم السجل

BIM-787775

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