Question:
Salaams
I am a single female, with a well-paying job. I own a house (loan from father), car (loan from bank), and have some savings. I have not yet performed my Hajj, and have some fasts I still need to make up for, from my teen years. I do discharge my Zakaat each year,
How do I go about allocating my possessions to my family? Ideally I would like to ensure that my mother receives the largest share, then my father, niece and nephews, before my brother and sister (both married).
However, what does the Shari’ah require me to do.
Jazakallah.
Answer:
Firstly you should pay off your debts and then perform Hajj if you have the finance for yourself and your Mahram.
One should remember that it is not permissible to bequest anything on behalf of an heir. Therefore it will not be permissible for you to bequest and allocate a specific amount for your mother and father who will inherit from you according to the shares that Shari’ah has allotted for them after your death. However, you can financially assist them while you are alive.
The brother, sister, nephews and niece will not inherit from you after your death if your father is alive at that time, therefore it will be correct to bequest and allocate a share for them only upto one third of your estate (they will collectively share one third in whatever ratio you specify).
And Allah Ta’ala knows best
Qasim bin Hashim Limbada
Attested to as correct by:
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
28 April 2004
07 Rabee’ul Awwal 1425