Jamiatul Ulama KZN Council of Muslim Theologians
Nasihah (Advice): Halaal & Haraam are clear
Sayyiduna Numaan Ibn Basheer radiyallahu anhu reported that Rasulullah (sallallahu alayhi wa sallam) said, “The lawful is clear and the unlawful is clear, and between that are matters that are doubtful (not clear); many of the people do not know whether it is lawful or unlawful. So, whoever leaves it to protect his religion and his honour, then he will be safe, and whoever falls into something from them, then he soon will have fallen into the unlawful.” [Sunan Tirmidhi]
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Question and Answer:
- As a Muslim solicitor, is it permissible for me to draw up a non-Shariah will for my Muslim clients?
- It is not permissible for a solicitor (legal professional) to prepare a non-Shariah-compliant will for a Muslim client, as it will amount to assisting in sin.
Allah Ta’ala says in the Qur’an: “Do not assist each other in sin and transgression.” (Surah Maaidah)
N.B. The Jamiatul Ulama KZN offers a free service to the public to assist Muslims with their Islamic Wills. We can advise you and answer questions relating to your Will, inheritance, and any proposed estate planning, to ensure that your arrangements are valid according to Shariah. We encourage Muslims to attend to these matters during their lifetime and not leave them until it is too late. To arrange an appointment, please contact the Jamiatul Ulama KZN office on 031 207 7099.
Islamic Wills are also available to download here.
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
