Q: I have a query regarding the will of my in-laws. My husband is one of three children. He has an older brother and a sister. My in-laws recently completed their will and split their house and property equally amongst their 3 children. They currently have a business but don’t own the property (they rent). They have materials in the shop which they owe money on and their vehicles are also being paid off at the moment.
They have left the business (and it’s debt) to their 2 sons and decided to split the house equally between the three. I am not sure that this is correct as the sons are left to pay off debt whilst the daughter inherits a third of the house. According to Shariah would it not be better to split the house and business at the correct ratios per child.
My husband was upset with his parents decision (solely based on Shariah and not because he wants to benefit when they pass away). He keeps emphasising that we are responsible for our will when we pass away.
My husband told his parents that he doesn’t want anything as they are not doing it the correct way. Please can you advise me on what is correct so that they can understand. My mother in law has mentioned that she is entitled to benefit from her son’s will but she herself is not doing justice to her children.
My second query is regarding my husband’s will – I am the main income earner and have been for a long time. I manage the house, provide for my children etc. My husband does not have a stable income – we have savings but it is joint. Considering that my income covers all living expenses etc. how is our savings split between myself and my children. We don’t know who will be gone from this world first but we want to do the right thing in the eyes of the Almighty Allah.
A: The house and the business is most probably owned by your father in law. When he passes away the estate has to be distributed according to the islamic laws of inheritance. So first his debts has to be paid then if anything remains your mother in law will get one eight. The remainder will be divided into five shares.Your husband and his brother will get two shares each and the remaining share will go to your husbands sister.
Regarding your husband’s will the two of you must confirm who owns what. Once this is identified then whoever passes away his or her assets will be distributed islamically. Our advice is that both of you should fill in an Islamic will. This can be easily obtained from your local muslim organisation.
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