Question
A Muslim lawyer arranged the following form of halaal 'community of property' matrimonial agreement: "I acknowledge that I have during my lifetime concluded a MUFAAWA-DAH partnership with my spouse according to Islamic Law. I accordingly record that the surviving spouse is entitled according to Islamic Law to one -half of the joint estate, at the time of my death. This will accordingly governs the deceased spouses one -half share arising from the marriage in community of property." Is this a valid agreement in terms of the Shariah?
Answer
The claim that "the surviving spouse is entitled according to Islamic Law to one-half of the joint estate, at the time of my death.", is glaringly haraam. This miserable lawyer is notorious for his shaitaani gimmicks of mutilating the Shariah to excrete interpretations for conforming with the laws of the kuffaar. The so-called 'lawful community of property' device is a stupid, satanic trick to render 'halaal' the kuffaar community of property matrimonial system which is totally Haraam.
The moron lawyer seeks to override the Shariah with his silly interpretation of the Mufaawadhah shirkat (partnership).
Allah Ta'ala has decreed the system of Meeraath (Inheritance) which cannot be cancelled or abrogated with the type of despicable tricks and satanic play of words as employed by the jaahil lawyer.
The so-called 'mufaawadhah' is baseless in the husband-wife context. Furthermore the use of the term 'spouse' is also despicable. The lawyer's brains are corrupt, hence he uses such terms to describe the husband and wife. Perhaps he is a 'same-sex' epistasis or a hermaphrodite, hence the terms husband and wife are chagrin for him.
The imaginary 'partnership' termed 'mufaawadah' in the context is a deceptive figment of the desire to enforce the haraam community of property system by which the wife is empowered to rob the heirs of their rightful shares of Inheritance. This stupidity which the rascal lawyer terms 'mufaawadah' is not valid. It is Haraam. The estate of the deceased has to be compulsorily distributed in accordance with the Qur'aan's Law of Inheritance.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 26 No 07
- PDF page
- 6
Appears under THE IN-LAW RELATIONSHIP (approximate).