Home » Hanafi Fiqh » Muftionline.co.za » How to Distribute Property Without Children When Both Spouses Have Passed Away?

How to Distribute Property Without Children When Both Spouses Have Passed Away?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If a husband and wife make a will before hand stating if either one of them dies, the property which they live in will transfer to the wife or husband whoever is alive. I just want to clarify if the last person died, than how would you suggest the proper way to distribute the property as we don’t have no child. JazakAllah for your valuable time. If you can kindly give e.g. in detail.

Bismillaah

A: This type of a will is invalid. The shari`ah does not recognize this type of a will.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

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.

Read answers with similar topics: