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Dealing with claimants to an estate

Answered according to Hanafi Fiqh by TheMufti.com

Q. A man passed away and had kept valuable items in his possession. A person claims that certain items kept in the safe by the deceased belong to him and were kept as safe keeping for him. Do the items have to be handed over to him? What’s the procedure?

A. If a person makes a claim against any item that was held in the possession of the deceased at the time of demise, then he/she must substantiate their claim by providing valid Sharee’ evidence. They must be able to substantiate their claim by presenting at least two male witnesses or one male witness and two female witnesses to testify for the same, or provide valid documentation for the claim.

If the claimant fails to provide valid Sharee’ evidence as stated above, the claimants claim will not be considered. If, however, the family wish to resolve the issue with the claimant, they may enter into a settlement agreement with the claimant.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

themufti.com

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

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