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Verbal Will Dispute: Dealing with Greed in an UnIslamic Court

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My father passed away last year and left a verbal will of how his estate shall be distributed amongst his children. The family are all aware of this as it was said to all of them. We are now in an unislamic court over the matter since one of them is just being plain greedy. Please advise.

Bismillaah

A: The prescribed shares of inheritance are stipulated by Allah Ta’aala. One does not have any choice in altering the divine stipulation of Allah Ta’aala. If your father’s will opposes the law of Shari’ah, then acting on the will will be impermissible.

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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