Question
My Grandfather passed away, years ago, leaving an un-Islamic Will. In this un-Islamic will, my grandmother receives 60% of proceeds. The balance of 40% is for the sons. The daughters are totally deprived. Nothing for them. The Executor of the Estate, & the person who prepared the un-islamic Will, is a Hafez-ul-Quran, and an attorney who has studied Islamic law. He is well aware of Shariah. I have spoken to my Grandmother who has inherited 60% of the estate. My Grandmother says that for many many years, her son, the attorney has been in charge and she has NOT been receiving anywhere near 60% of the rentals. This has been happening for 16 years. Please give some advice for my grandmother as to what she can do to rectify this haraam situation. Also, what is my grandfather's situation now that his will is haraam? Can it be changed to make it halaal? Also, is it the right of the grandchildren to have a look at the will of the grandfather?
Answer
Those who leave, un-Islamic haraam wills, and those who administer the deceased's estate in contravention of the Shariah will be encased in steel coffins and flung into Jahannam. There they shall remain forever. Their term of punishment in Jahaanam will be so long that it will seem to them to be "forever".
In terms of the Shariah, the position of your deceased grandfather and of the scoundrel lawyer who had prepared the haraam will and who is siphoning off the Haqq of the heirs, is precarious and lamentable.
The lawyer has already collected millions of rands which should have been paid to your grandmother in terms of the haraam will. But, the lawyer is sitting on the boodle like a hen sits on eggs. Ask your grandmother to appoint you as her representative and to grant you power of attorney to act on her behalf. Then go to another decent lawyer and demand the estate's accounts of the past 16 years. The crook lawyer must be forced to pay the 60% of the monies he has collected to your grandmother in terms of the haraam will.
Then your grandmother should distribute the money in accordance with the Shariah's Law of Inheritance. Also discuss with the deceased's sons with a view to persuade them to redistribute the 40% according to the Shariah so that the daughters receive their rightful shares. If they fail to do so, the punishment beginning at the time of Maut is severe. They too shall be encased in coffins of steel and flung into the vortex of Jahannam.
The grandchildren have the full right to examine the will and the estate's account to see if any fraud was committed. If Allah Ta'ala does not forgive your grandfather, his position is then too ghastly to contemplate.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 23 No 01
- PDF page
- 9
Appears under FRAUDING THE HEIRS (approximate).