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Understanding Distribution of Wealth in Islamic Inheritance Law

Q: This is a question regarding distribution of wealth if estate has been left with a wasiyyah that items be divided according to Shari’ah. I know about shares however confusion is on items be it property or accounts which may have been in the deceased name and a child’s name. For example a joint current account or share certificates.

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A: If the deceased (through putting the share certificates and the money in the current account on the childs name) intended gifting it to the child prior to his demise and he did not do it for some other convenience, it will be regarded as the childs wealth. 

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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