I am trying to devise a Shariah compliant will for myself.
I am a single male. I have never been married. I do not have any children. I have my mother and one full sister.
I do not have any contact with my father. I have not seen or spoken to him for over 20 years. I do not know where he lives and I do not have any contact details of his. In fact I do not even know if he is alive. I know I have one half-brother as my father was married to another woman but again I have no contact details for him. I do not know if I have any other half-brothers or half-sisters but it is likely that I have but again I do not have any contact details for them.
Is it OK for me to leave 2/5 of my wealth to my mother and 3/5 to my sister?
According to the Shari’ah laws of inheritance and succession, your father will inherit from your estate. If he is alive, your sister and other half brothers and sisters will not inherit. If he is not alive, your half brothers and sisters will inherit.
You cannot simply make a will of 2/5 – 3/5 for your mother and sister. You will have to make every possible effort to locate your father and his children from his second marriage.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai