Q: My father in law is very sick, and he wants to retire from work, he wants to make up his will now because he will need major surgery soon, he wants to give my mother in law 50% and my husband 50% of his provident fund and of his house. He had three sons, two of his elder sons passed away, and my husband is the only surviving child. Both deceased sons have a 1 daughter each, they both married non-Muslim girls and when they passed away their wives went back to their religion and also changed the children. My in laws have no access to the children, and only visit them when their mothers allow them too. My question is, do these children also get a share in my father in laws will as their fathers were also heirs. Please advise what is the sharia compliant share for all these heirs, as we do not want him to be answerable for making an incorrect Islamic will.
A: The prescribed shares of inheritance are stipulated by Allah Ta’aala. One does not have any choice in altering the divine stipulation of Allah Ta’aala. In the case where a person has only one son and a wife (and does not have parents who are alive), the wife will inherit 1/8th of the entire estate and the remainder of the estate will go to the son. The children (i.e. the 2 sons) who passed away before the deceased will not have any share in the inheritance of the deceased. The grand children will also not inherit any share in the estate. Alhamdulillah, our Ulama have prepared a detailed guideline of an Islamic will. Attached below is a copy of the Islamic will.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)