In the name of Allah, The Most Beneficient, The Most Merciful.
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Ibn Kathir Tafsir of the Glorious Qur'an |
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A few points
regarding
INHERITANCE
- A Muslim cannot inherit from a
non-Muslim, nor can a non-Muslim inherit from a
Muslim
- A person who intentionally murdered
someone, from whom he could inherit, would be deprived of
his inheritance.
- Upon the demise of a person, his/her
entire estate will be inherited by the heirs of the
deceased, excluding any bequests that the deceased may have
made to the maximum of one third of the total Estate.
- The heirs of a person can only be
determined upon his/her demise.
- The exact share of the heirs is
already prefixed in the Qur'an.
- The heirs will be the absolute
owners of their respective share. Hence they may sell or
dispose of their respective share.
- A bequest cannot be made in favour
of an heir.
- If a person wishes to give something
to his/her heir, the person may do so during his/her
lifetime. Merely mentioning it in one's Will, will not
suffice. The ibaadah of gifting something is only complete
when that person takes possession of the gifted item.
- A bequest of not more than one third
of the estate may be made to a non-heir (or any
organization, institution, etc.)
- Distribution of an Estate will only
commence once all funeral expenses and debts have been
settled.
- Feeding those who come to attend the
funeral is not part of the funeral expenses and hence cannot
be paid for from the Estate.
WAQF
- A Waqf means to offer the benefits
of an asset to any person or organization. However the final
avenue of the Waqf must have an indefinite ending, for
example Masjid, Islamic organization, etc. that cannot be
sold.
- The beneficiaries of the waqf do not
own the Waqf and therefore cannot sell or dispose the assets
of the Waqf. The owner may make out some rules of the Waqf
to be carried out upon his/her demise and appoint a group of
reliable Allah-fearing Trustees to administrate the Waqf.
Trustees of the waqf do not own the Waqf. They merely
administer it.
- A Waqf must be made in one's
lifetime. If a person did not make the Waqf in his/her
lifetime, the assets of the estate will be inherited by the
heirs.
- A Waqf - contrary to a bequest in
inheritance - can be formed for heirs. In this case too the
Heirs will not own the assets. They will merely benefit from
the income as stipulated in the Waqf Deed.
For further information
contact:
Jamiatul Ulama (KwaZulu-Natal)
P. O. Box
62564
BISHOPSGATE 4008
Tel: +27 31 3067786
Fax: +27 31 3064786
Internet: info@jamiat.org.za
Islamic
Information
Source: Jamiatul Ulama (Kwazulu-Natal)
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