IslamQA

Distribution of my estate according to Shariah law

Answered according to Hanafi Fiqh by DarulUloomTT.net

Question:

As Salaam Mu Alaikum, I hope this email reaches you in the best of health. I would like to prepare a Will before I die and would like to know how my estate should be shared according to Shariah law. Only money is being left for inheritance. Alive are the following :

1. Mother
2. Father
3. Sister (who is married and have both a husband and a son)
4. My Wife
5. My daughter 3yrs old.

Also can I draft my own Will on paper and assign an Executor and have two witnesses sign and just keep it at home or do I have to have it done by a lawyer and have it registered with the Gov’t of T&T?

Answer:

Wa Alaikum As Salaam,
Based on the Islamic law of inheritance, your estate will be divided into 24 shares. This will then be distributed as follows.

The mother will receive four (4) shares.
The father will receive five (5) shares.
The wife will receive three (3) shares.
The daughter will receive twelve (12) shares.

It is sufficient for you to draft out your own will on a paper and assign an executor with the signatures of two witnesses. It is not essential that you have to do it by a lawyer with the government’s registration. However, if you wish to have this done, then it is good.

And Allah knows best
Darul Ifta
Darul Uloom T&T Ltd.

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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