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:
- I am currently busy with my will, and I would like to know what the Shar’i guidelines are regarding bequests.
- A. In Islamic law, a bequest (Wasiyyah) refers to a portion of a deceased person’s estate that they allocate, during their lifetime, to a specific individual or cause to be received after their death.
According to Sharīʿah, a bequest must not exceed one-third of the net estate—that is, the estate remaining after the payment of funeral expenses and the settlement of all debts.
Furthermore, a bequest cannot be made in favour of an individual who is already a rightful heir under Islamic inheritance laws, unless all other heirs consent to it. Should a bequest exceed the permitted one-third, it will only be valid to the extent approved by the heirs.
It is also impermissible to make a bequest that contravenes the principles of Islam. Any such request is considered null and void.
Reference: As-Sirājī fī al-Mīrāth, p.6; Radd al-Muḥtār (‘alā al-Durr al-Mukhtār), vol. 6, p. 648.
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
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