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Husband bequeathing wealth to wife.

Question

Asalamualaikum

1) Our father bequeathed everything to our mother in his will. After she passes, then it will be distributed Islamically between us siblings. Is this acceptable Islamically?

2) All assets that my parents owned are joint. If in the above above, it is not acceptable Islamically, do we need to pull out half of what my mother owns and then distribute the rest Islamically between us siblings and our mother?

3) Do we need to pay out everything right now or can this be done on paper, and then the actually money be given out at a later point?


Answer

1. When a person passes away their estate transfers over to their heirs according to the shares stipulated in the Qur’an and teachings of the Prophet (may Allah bless him and give him peace). It is not permissible to prevent the inheritors from receiving their rightful share.

2. Yes, the half which belonged to your father will be distributed between your mother and siblings.

3. This would be up to the inheritors. If they wish to have their share then it must be distributed and given to them. However, if they agree to delay the process due to some reason then that would be permissible.

Answered by:
Ifta Research Fellow

Checked & Approved by:
Mufti Abdul Rahman Mangera
Mufti Zubair Patel

This answer was collected from FatwaCentre.org, which is overseen by Dr. Mufti Abdur-Rahman Mangera.

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