Q: My father in-law just passed away recently. We were informed that there is no will for the faraidh of his estate but he has left a verbal message to a male and female witness. Please advise if that is valid and we should abide by it? We are pretty unsure and would like to do it right for the deceased. One more question, if faraidh are not done correctly, what are the consequences?
A: The laws of inheritance are explained in the Qur’an and Hadith. Hence whether a person had left a will or not, the wealth the deceased leaves behind will have to be distributed among the heirs according to the stipulated shares of inheritance. The deceased has the right to bequeath a portion of his wealth provided it is within one third and it is not in favour of an heir. The bequest made in favour of an heir is impermissible and invalid.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)