Question: When making a will, if someone does not have enough kin who can receive their inheritance, what should be done with the remaining money and assets?
For example, let’s say that a convert woman does not have any Muslim family members but has a husband who receives 1/2 of her inheritance (no children), what should be done with the remaining half of inheritance?
Answer:
Wa ‘alaykum assalam wa rahmatullah wa barakatuh.
I pray you are well.
The Shari’a has provided avenues for the distribution of the remaining wealth after the initial heirs have taken possession of their shares. In some situations, the closest relatives take it; with a convert, those at whose hands the person accepted Islam receive it. If there is no one, the remainder goes to the state.
An example of the first scenario is when someone dies leaving a wife and one daughter. The wife would get 1/8, and the daughter half from her share. The remainder would go to the daughter as she is the closes direct heir. [Sabt al-Mardini, Sharh al-Rahabiyya]
It is best to consult with a reliable local scholar in such matters as there are many technicalities in this topic. At the very least, we know that Allah’s distribution is rooted in wisdom, which benefits entire societies.
May Allah bless you with the best of both worlds.
[Shaykh] Abdul-Rahim Reasat
Checked and Approved by Shaykh Faraz Rabbani