The Majlis Archive
Death and Wills The Majlis Vol 28 No 08, p.22

How does a Trust impact on Islamic Inheritance?

Question

How does a Trust impact on Islamic Inheritance? What happens to the assets of the Trust? Is the deceased founder of the Trust the owner of the assets?

Answer

The entire trust deed is in conflict with the Shariah. A trust entity has absolutely no Shar‟i validity. However, it may be adopted to circumvent certain kuffaar laws. But the essential requisites are:

(a) The „founder‟ remains the sole owner of the assets in the trust fund.

(b) On the death of the „founder‟, all the assets must be compulsorily and expeditiously distributed according to the Shariah‟s Law of Meeraath.

(c) The trustees may exercise the powers conferred to them by the „founder‟ only during his/her lifetime. All their powers will cease on the death of the „founder‟ whose entire estate will be inherited by the heirs. The rights of the heirs extinguish the powers of the trustees.

(d) After the death of the Murith (who is the founder of the trust), the heirs may decide if they want the trust to continue. The trustees will have no right to insist that the trust continues.

These issues must be clarified to the founder and her heirs. The trust simply has no validity in terms of the Shariah.

ZAKAAT

OF ILM

Hadhrat Ali Khawwaas (Rahmatullah alayh) said that Amr Bil Ma‟roof Nahy Anil Munkar is the Zakaat of Ilm (Knowledge). If the Zakaat of wealth is not paid, it (the wealth) becomes a calamity and an Athaab.

Similarly, when the Ulama abandon Amr Bil Ma‟roof Nahy Anil Munkar, they are guilty of the crime of not paying the Zakaat of their Ilm. Such knowledge will become a monstrous calamity on the Day of Qiyaamah.

The vilest and worst scoundrels in the Ummah of this era are the zigzagging molvies who specialize in halaalizing kabaa-ir (major sins). And, the worst among the worst are those molvies who halaalize riba, then those who halaalize carrion, then those who halaalize intermingling of sexes, then those who halaalize pictures.

As for those scoundrel molvis who constitute the „shariah‟ boards of the capitalist riba banks, Allah Ta‟ala has announced His ultimatum of war against them. Their function is to churn out fatwas of permissibility for the haraam riba products of the kuffaar banks.

As for the villain molvies who halaalize carrion, their function is firstly to halaalize the carrion of the giant kuffaar chicken and meat producing facilities, and secondly to extract and usurp money from traders - Muslim and kuffaar - for baseless, fraudulent and stupid scraps of paper termed „halaal‟ certificates.

All molvies who have been successfully ensnared by Iblees are motivated by the despicable malady of Hubb-e- Maal (love for boodle). The kuffaar entrepreneurs pay lucrative haraam „salaries‟ for the „halaal‟ licenses which these zigzagging villains issue.

Molvies of this ilk have been described by Rasulullah (Sallallahu alayhi wasallam) as being "the worst under the canopy of the sky". That is: they are worse than even the Yahood, Nasaara, Mushrikeen pigs and apes. They are the kind which will have to circumambulate their own extracted intestines in Jahannam. They come fully within the purview of the Aayat:

"By your Rabb! We will most certainly gather them and the Shayaateen, then usher them all into Jahannam on their knees."

(Maryam, Aayat 68)

THE TAUBAH &

DUA OF THE

PROSTITUTES

Once there was a severe drought in Lucknow and people were suffering and perishing. Animal carcasses were lying in the waysides. No water at all. Despite the presence of Ulama and Pious Saints (buzrugs) and their collective performance of Salaah al-Istisqa (congregational du‟a for rain in a field on the outskirts), du‟a upon du‟a, but

no rain came.

Then what happened? There was a brothel in Lucknow full of prostitutes. It occurred to some of them that this suffering of the entire community is because of "our evil". It appears in Hadeeth, when immorality and adultery (zina) become prevalent, then Allah Ta‟ala sends drought and famine.

These prostitutes sent a delegation to the Mayor of Lucknow and addressed him: „We have understood that this calamity which has afflicted and befallen the entire city is because of our misdeeds and our evil. We sincerely regret and repent (make tawbah) and we too wish to perform Salaah al -Istisqa, but we wish to do it separately without contaminating it with the presence of any men. No one should see us. Are you able to make such arrangements for us in a field? The mayor made such an arrangement. No men were allowed. All these prostitutes went to the field and cried profusely making du‟a, and lo! as they made du‟a the rain poured in torrents, torrents and torrents.

"GUARANTEE SIX THINGS"

Rasulullah (Sallallahu alayhi wasallam) said:

"If you guarantee for me six things, I will guarantee Jannat for you.

When you speak, speak the truth

When you promise, fulfil it

When trust is assigned to your custody, return it

Protect your chastity (abstain from zina) Lower your gaze (Do not gaze at haraam) Restrain your hands (from oppression, sin and transgression).

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(Arabic passage, page 24 of the original PDF)

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The Majlis Vol 28 No 08
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Appears under THE CALAMITY OF DEFRAUDING THE HEIRS. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.

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