Jamiatul Ulama KZN Council of Muslim Theologians
Nasihah (Advice): Remembering death decreases the desire for this world
Sayyiduna Ibn Umar Radiyallahu Anhuma reported that Rasulullah Sallallahu Alaihi Wasallam said, “Remember frequently the destroyer of pleasures i.e. death. For verily, no one living with excess (wealth) does so but that it diminishes his (worldly) aspirations, nor one living with little but that it increases his hope in Allah.” [Al Mu’jam al Awsaṭ lit Ṭabarani]
__________________________________
Question and Answer:
- My husband legally owns the house that we live in. I have requested that in the case of his death (May Allah grant him excellent health and long life, ameen), I am not left homeless as my parents and their families are deceased.
My husband is considerate of this request although concerned that if he gives me our home legally, I could kick him out at any time.
Please advise us as to how we can overcome this issue.
- A. It is not permissible to bequeath one’s house to their spouse as this will deprive the other heirs of their inheritance. This is irrespective of the fears a person may have for the future.
A possible solution to this dilemma is to declare the house a Waqf (Islamic trust) and to place it in a legal trust as well. In this case, the house will not fall into anyone’s inheritance, rather it will remain in the trust. The founder of the Waqf can stipulate whom he wishes to reside in the house during his lifetime and after his passing. In this way, residence can be secured for the wife as per the terms of the Waqf deed.
It is important to note that the Waqf property cannot be liquidated for personal benefit. The Waqf must remain in existence perpetually and at some point in time, the benefit of the Waqf must be allocated to an avenue of good, like towards the funding of a Masjid or Islamic institute or for the benefit of the poor. The Waqf thus serves as a means of Sadaqah Jaariyah as well.
And Allah Ta’ala Knows Best
Mufti Moosa Salie
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
