The Majlis Archive

Death and Wills Awake! Ramadaan 1440 (2019), p.89

Is the following Trust valid in the Shariah?

Question

Is the following Trust valid in the Shariah? The terms of the Trust are: • During my lifetime, my wife and I are the executors. The asset of the trust is our house. • Upon my death, my wife becomes the executor. • Should she remarry or leave the house, she is deprived and will receive nothing. • None of the heirs can ask for any share as long as the remaining spouse is alive. • The trust can be dissolved only on her death and the assets will be shared by the remaining heirs according to the Shariah.

Answer

The formation of such a trust is haraam. Every stipulation in this trust is haraam. On the death of a person, his/her heirs are entitled to immediately claim their Shar'i shares. No heir may be deprived of his/her share.

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Published in
Awake! Ramadaan 1440 (2019)
PDF page
89

Appears under TRUST.

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