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How to secure the shelter/roof of ones wife after ones demise?

Answered according to Hanafi Fiqh by TheMufti.com

Q. As salaamu Alaikum Mufti, I am a middle aged gentleman who would like to get an Islamic will drawn up, but should I pass on before the Mrs, I would like her portion to be protected because of her contributions to the home. Is there any way that I can achieve this and if so how can i? Jazaak Allah


A. In the enquired case, you may consider gifting the entire house to your wife. This will give your wife full ownership of the house. Hence, in the event of you pre-deceasing your wife, the house will not form part of your estate, as it will be in the ownership of your wife. In doing so, the process of gifting must be fully documented to avoid any form of dispute.

Alternatively, you may make your house Waqf. This means that you have the full options to dictate the usage of the house. Hence, you may state that the house may be used by yourself in your lifetime and after your demise, it may be used by your wife, children, grandchildren and so on. Ultimately, the conditions of the Waqf can be fully dictated by you on condition that the final beneficiary is a Deeni avenue for e.g. your local Masjid and its projects. In this way, it will protect your interests, your wife’s and your family’s interests. At the same time, it will be a means of benefit to Deen and perpetual reward for your Aakhirat.

Note: There is gross ignorance regarding Waqf at its benefits. The concept of Waqf is an excellent model which alleviates many family and estate issues. We urge the Muslim community to consider the model of Waqf especially in estate matters.

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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