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.
- Source
- themajlis.co.za
- Published in
- Awake! Ramadaan 1440 (2019)
- PDF page
- 89
Appears under TRUST.