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Can the executor of an estate distribute the estate to the heirs in installments?

 

Nasihah (Advice): Depriving heirs of their rights to inheritance

 

Sayyiduna Anas Bin Maalik Radhiyallaahu Anhu reports that Rasoolullah Sallallaahu Alayhi Wasallam said: “Whoever flees from (distributing) inheritance to his heirs, Allah will deprive him of his inheritance in Paradise on the Day of Resurrection.” (Ibn Majah)

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Question and Answer:

 

  1. I am an executor of an estate. I would like to distribute the estate according to Shariah but I would like to do so in instalments? Is it permissible for me to do so?

 

(Question published as received)

 

  1. It is not permissible for the executor of an estate to distribute the estate of the deceased in instalments unless all the surviving heirs of the deceased mutually agree to do so.

 

As such, the heirs of the deceased should be given their share of the estate as soon as possible without any unnecessary delay. (Al Barur-Raa’iq)

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

Mufti Moosa Salie

 

(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

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