The Majlis Archive

Death and Wills The Majlis Vol 26 No 10, p.17

What is the first duty of the executors?

Question

What is the first duty of the executors?

Answer

Discharge of the debts is the first Waajib (obligatory) action of the executors. After paying the burial expenses, the debts of the mayyit have to be paid before distribution to the heirs.

Their Islamic moral and legal responsibility is:

to ensure that the process of winding up the estate commences immediately after burial.

to ensure that the mayyit's debts are paid.

to ensure that the assets are immediately distributed to the heirs.

that they should not act in contravention of the Shariah.

that they should not fulfil any haraam bequest/directive of the deceased.

that they should understand that they have no right of dictatorship over the heirs. The heirs are the owners of the assets, not the executors. The obligation of the executors is to only ensure correct Shar'i distribution of the estate.

Not to delay without valid reason in winding up of the estate. Such delay is sinful.

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Published in
The Majlis Vol 26 No 10
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17

Appears under ANIMALS ARE NOT MORONS - SCIENTISTS ARE MORONS (approximate).

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