One of the heirs refuses to accept his share.
His refusal to accept his share is not valid. He should accept it, then make a gift of it or do with it whatever he pleases. His share should be held in trust until he makes a…
Category
Death and Wills
346 answers. Every one links back to its page or issue on themajlis.co.za.
The false teeth of the mayyit were not removed.
Nothing can be done if the false teeth can no longer be removed. The mayyit will be buried with the false teeth.
The finger of the mayyit on which there is a gold ring is so much swollen that the ring cannot be removed.
If the heirs want the gold ring, they should arrange for cutting the finger surgically to remove the ring. The finger should be buried with the mayyit. If the heirs do not want the…
The long false nails cannot be removed from the mayyit.
If the false nails cannot be removed, then bury the mayyit without the need to cut them short.
After ghusl and kafan how should the body be placed?
After ghusl and kafan, the mayyit may be placed in any convenient position. It is not necessary for the legs to face the Qiblah.
Is it permissible for Shaafis to perform Janaazah Salaat in abstention of the body for Shiahs?
Shiahs are not Muslims, hence it is not permissible.
My non-Muslim brother who has died has bequeathed an amount for me.
While there are no ties of inheritance between Muslims and non-Muslims, the Muslim is permitted to accept any bequest made by the non- Muslim.
The estate of our deceased father was finalized only three years after his death.
In cases of depreciation, the higher value - the value at the time of death - should be taken. The executor who has delayed the winding up of the estate should pay the difference.…
If I am survived by my husband, one daughter, sisters and brothers, how will my estate be distributed according to the Shariah?
The husband‟s share is one quarter (25%). The daughter‟s share is one half (50%). The remaining 25% is for the brothers and sisters. Each brother‟s share is twice the share of a…
If I am survived by my wife, one daughter and 3 sisters, how will my estate be distributed in terms of the Shariah?
The wife‟s share is one eighth (12.5%). The daughter‟s share is half (50%), and the balance is for the three sisters. The estate has to be divided into 24 shares and distributed as…
Can an heir be the executor of the deceased‟s estate?
Yes, an heir may be nominated to be the executor of the estate.
Is it the right of the executor or of the administrator of the deceased‟s estate to pay the heirs?
In fact the executor himself should be the administrator according to the Shariah. If someone is required to assist with the administration of the estate, he will be a mere…
Is it permissible to make dua for one who had committed suicide?
Yes, it is permissible.
Do the children of one‟s wife from her previous marriage inherit in one‟s estate?
The children of the wife from her previous marriage will not inherit in his estate.
How soon should the estate of the deceased be finalized and the assets distributed to the heirs?
The process of winding up the estate should commence immediately after burial. Unnecessary delay is haraam. The inordinate delays of months and years which has become the norm, is…
One of the heirs was the wife of the deceased.
It is almost certain that the deceased wife did have some relatives who were her heirs. Separate her share and keep it as an Amaanat. Meanwhile exhaust all efforts to locate her…
Is there Janaazah Salaat for a person who has committed suicide?
Janaazah Salaat is compulsory for even one who has committed suicide.
The deceased had made wasiyyat that a certain pious person should perform his Janaazah Salaat.
The wasiyyat is not binding. It is not compulsory to fulfil this wasiyyat.
My parents were not Muslims.
There are no ties of inheritance between Muslims and non-Muslims. While a non- Muslim may make a bequest for a Muslim, he (the Muslim) cannot demand inheritance from his non-Muslim…
Is it permissible to arrange a Sadqah Jaariyah project for deceased non-Muslim par- ents?
Sadqah Jaariyah for a non- Muslim is not permissible.