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Leaving one’s wealth to a relative after one passes away

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have an elderly relative, who is unmarried, and whose closest family is her niece and nephew, and their children. These are her niece and nephew from her deceased sister. Beyond that she has cousins, and more distant relatives only.

She has asked me to get her an Islamic will, and advise her as to how the estate should be administered. I think she has the intention of leaving everything (or most of it) to her niece, who is struggling financially. Would this be permissible?

Bismillaah

A: If she wants to support her niece she may do it in her lifetime. Her right of controlling her wealth freely terminates with death. Then it will be Islamic laws of inheritance that will be effected and she will have to conform to it.

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.

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