Jamiatul Ulama KZN Council of Muslim Theologians
Nasihah (Advice): Learn the laws of inheritance
Sayyiduna Abdullah Ibn Masud radiyallahu anhu reported that Rasulullah (sallallahu ‘alayhi wa sallam) said, “Learn the [laws of] inheritance and teach it to people for I will pass away soon. Knowledge will soon be taken away so much so that two people will argue regarding inheritance but will be unable to find someone to pass a verdict for them.” [Mustadrak Haakim]
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Question and Answer:
- If a person has been nominated as an executor of an estate, is it compulsory to accept the nomination as an executor of an estate? What happens if a person was not aware of being nominated as an executor of an estate?
- A. In terms of Shariah, accepting the nomination and appointment of executorship is subject to the approval of a person being nominated as an executor of an estate. Hence, if a person has been nominated as an executor of an estate with his/her approval and consent, it would be the duty of such a person to accept the appointment of executorship and wind up the estate according to the Islamic Law of Succession and Inheritance.
On the contrary, if a person has been nominated as an executor of an estate without his/her approval or consent, then he/she will not be duty-bound to accept the appointment of executorship. They have the option to accept or reject the appointment of executorship. (Al-Bahrur-Raa’iq 8/521)
And Allah Ta’ala Knows Best
Mufti Muhammed Hamza Farooqui
Mufti Taahir Hansa
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)
Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians
223 Alpine Road, Overport
Durban, South Africa
Tel : +27 (0) 31 2077099
Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za
