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Inheritance

Maintenance for a widow

  Nasihah (Advice): The mourning period of death   Sayyidatuna Ummu Atiyyah Radhiyallahu Anha reports: “We were forbidden to mourn for more than three days for a dead person, except for a husband, for whom a wife should mourn for four months and ten days.” (Bukhari) ________________________________________________   Question and Answer: …

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Fosterage and Adoption

Nasihah (Advice): The guardian of an orphan   Umm Sa’id bint Murra Al-Fihri Radhiyallahu Anha reports from her father that Rasulullah Sallallahu Alayhi Wasallam said: “I and the guardian of an orphan will be in Jannah like these two (his two fingers).” (Al-Adabul Mufrad)   ________________________________________________   Question and Answer: …

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Does a wife still inherit if she remarries?

  Nasihah (Advice): Leniency & Tolerance in Islam   Sayyiduna Anas Bin Maalik Radhiyallahu Anhu says that Rasulullah Sallallahu Alayhi Wa Sallam said:“Be lenient; do not be hard; give solace and do not create aversion.” (Bukhari)   ________________________________________________   Question and Answer:   If a wife remarries after the death …

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Inheritance of an unborn child

Nasihah (Advice): Treat your children fairly   Nu’maan Bin Basheer Radhiyallahu Anhu was delivering a sermon and he said that Rasulullah Sallallahu Alayhi Wa Sallam said: “Treat your children fairly, treat your children fairly.” (Nasaai)   ________________________________________________   Question and Answer:   My husband passed away and I am pregnant. Does …

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Asking heirs to forfeit their inheritance

  Nasihah (Advice): Continuous Goodness for the Believer Rasulullah (Sallallahu Alayhi Wa Sallam) has said: “The position of a Mu’min (believer) is unique; there is good for him in everything and this applies only to a believer. If prosperity attends him, he expresses gratitude to Allah Ta’ala and that is …

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Status of partnership upon the death of a partner

Nasihah (Advice): The importance of making an Islamic Will   Rasulullah Sallallahu Alayhi Wa Sallam said: “It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.” (Bukhari)   Standard Islamic Wills …

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Does the time of burial affect inheritance

Nasihah (Advice): A murderer does not inherit   Rasulullah Sallallahu Alayhi Wa Sallam said: “A murderer does not inherit (from the estate of his victim)” (Ibn Maajah)   Note: If a murderer had killed a person from whom he would have inherited (for eg. A son kills his father), then he …

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Paying creditors with a share of one’s expected inheritance

Nasihah (Advice): Relieving the burdens of a believer   Rasulullah Sallallahu Alayhi wa Sallam said: “Whoever relieves a Muslim of a burden from the burdens of the world, Allah will relieve him of a burden from the burdens on the Day of Judgement; And whoever helps ease a Muslim’s difficulty in …

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Drawing up a non-Shariah will for Muslim client

  Nasihah (Advice):The importance of studying the Laws of Inheritance and Succession    Rasoolullah Sallallahu Alayi Wasallam said: “Learn the laws of the Quran and the laws of inheritance, and teach the people, for I will not live forever.” (Tirmidhi)   __________________________________________   Question and Answer:   Q. As a …

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Stipulating the sale of a house in a will

Nasihah (Advice): The Guidance of the Quraan Rasoolullah Sallallahu Alaihi Wasallam said: “The book of Allah contains guidance and light, whoever adheres to it and holds firm onto it, is upon guidance, and whoever deviates from it, goes astray.” (Muslim) _______________________________________   Question and Answer: Q. My father stipulated in his Will …

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