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How is a valid claim to an estate made?

Answered according to Hanafi Fiqh by TheMufti.com

Q. ASSALAAM RESPECTED MUFTI WE NEED TO KNOW IF A PERSON PASSES AWAY AND IN HIS WILL HE MENTIONS NOTHING OF OWING ANYONE.AFTER HIS DEATH SOMEONE COMES AND CLAIMS THAT HE OWES HIM A LARGE AMOUNT OF MONEY THIRTY YEARS BACK AMOUNTING TO OVER R100000.THE PERSON MAKING THE CLAIM DOESN’T HAVE ANY WITNESSES NOR ANY DOCUMENT PROOF.HE ALSO IS A PERSON CURRENTLY IN THE COMMUNITY IN GREAT FINNANCIAL DIFFICULTY.THE FAMILY OF THE DECEASED DONOT KNOW WHAT TO DO.WHAT IS THE SHARIAH RULING.AS A SUGGESTION ON THE FAMILYS PART THEY ARE WILLING TO GIVE THE CLAIMER R10000 ON THE BASIS TO PROTECT THE DECEASES HONOUR BECAUSE THE CLAIMER IS GOING AROUND TELLING ALL THAT THE DECEASED PERSON OWES HIM MONEY.PLEASE ADVISE JAZAKALLAH


A. In principle, the claimant’s claim will only be considered if he provides valid proof for his claim i.e. two male witnesses or one male witness and two female witnesses, or valid documentation of his claim.

In the absence of any of the above, the claimants claim will not be considered. In any event, if the family wish to resolve the issue with the claimant, they may settle on any amount.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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