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Hanafi Fiqh

Inheritance of late husband’s car

My husband recently passed away and is survived by myself (wife), both his parents and 7 brothers and 3 sisters.
He leaves behind £8000 in his bank and a pension from work, the amount yet to be confirmed. He also bought a car on finance, which had £4000 remaining which I have cleared using his money.
According to the Sharia law, how is the money distributed?
Does the car fall under the inheritance distribution?
If not, who inherits the car?

Hanafi Fiqh

Gold and silver nisab and changing zakat date

Assalamu Alaykum wa Rahmatullahee wa Barakahtuh,

I have a question concerning the nisab as well as the annual zakah payment date.

Alhamdulilah, this Islamic year will be the first year I will pay zakah inshallah. I crossed the nisab, based on the gold standard, on the 1st of Jumada Ath-Thani 1442.

My question is twofold:

1:
• As nowadays there is a huge gap between the silver and gold standards of nisab, I have heard some discussion on which one we should go off of, but to this day I am still unsure if it was valid to base it off of the gold nisab instead of the silver one. Can you advise me on this?

• If this was not the correct decision and I should have gone based on the silver nisab, then I probably unknowingly crossed the silver nisab years ago and have no idea when that date is. Can you advise me if that’s the case?

2:
• In any case, the second part of my question is about whether or not it is permissible to move my annual zakah date forward from the 1st of Jamada Ath-Thani to a set annual date in Ramadan so that I can have the multiplication of reward?

Hanafi Fiqh

Gift vs inheritance

Assalamu alaikum warahmatullah,
1.Is there a direct hadeeth or an incident of a sahaba where they have gifted their entire property whilst they are alive.

2.wealth is a test and life is a test. If I can give away my whole property as per my wish when I am alive can I give away my life also?
3.if I give away my wealth when I am alive isn’t it like handing over my bat to my friend before I am out. How will I play my game?

4. 5 years ago I gifted my property to my divorced daughter of mine. Now my other daughter got divorced too to whom I didn’t leave anything. Who is responsible for her?

5.after gifting my property to my daughter I’m in debt. Where should I seek help from?

6.ulama are saying it’s ok to favour the poor and the week child when giving the property as a gift. But in the law of inheritance Allah gives more shares to the strong over the poor. Why?

7.if parents can strike the balance of rich and poor in gifting properties why did Allah ordained the law of zakath instead he could have commanded to give more to the poor under the law of inheritance?

8.I believe that law of gift is nothing but a rat hole to exit from the law of inheritance. It only increases our sufferings its never going to be a solution to our problems except for God’s law.

Hanafi Fiqh

Inheritance

Assalamoalaikum
Since my husband is not in favor for me to do any job during his lifetime and even after his death, he wants to make a WILL. My husband wants if anything happens to him than all his assets goes to me so that I can be financially stable to raise a special need child and to take care of myself. He is ready to give all to me during his lifetime too. Please advice us that is it allowed in Islam and how to do it in a way as not to become a sinner.
Also, if I die before my husband than I want that all my assets goes to my husband and all jewelry is divided equally between both sons.
The reason me and my husband wants to do this is because of our special needs child and the person who has to look after him ( either me or my husband )
May Allah accepts your efforts and give rewards in both of the worlds…

Hanafi Fiqh

Distribution of inheritance and debts

Assalam-u-alaikum Brother,

Jazak Allah Khair for your very beneficial talk on inhertiance issues.

I wanted to ask if the inheritance is divided after deducting the expenses due on the deceased due to loans, taxes, qada salah and rozas and funeral expenses etc.? or these expenses are deducted from 1/3rd of the total assessts of the deceased and the rest is divided as per the sharia.

In my will, I have mentioned that all above expenses due at the time of my death should be paid from my assets first and then the remaining assets should be divided. 1/3rd of the remaining go to charity and 2/3rd to my inheritors. I wanted to confirm if this is right.

May Allah reward you in abundance

Hanafi Fiqh

Inheritance related questions

Assalaamu alaykum warahmatullahi wabarakatuhu.

I pray you are well.

I have a few questions relating to death and inheritance.

1. If a man has 4 daughters, a wife and a sister, are they all inheritors? Would the sister be asbat?

2. If a woman has a husband, 5 daughters and a brother, are they all inheritors? Would the brother be asbat?

3. is a person allowed to state that the money they give in their lifetime MUST be used for a particular purpose? EG, this £100 is to be only used for your wedding or £300 to go towards umrah etc. Chances are those things may never happen.

4. If a will is made and is contrary to Islam, is it permissable to revoke the wishes of the deceased?

5, if the deceases has missed many salah in their lifetime, would it be incumbent on the heirs to pay this off? How would they go about doing this?

May Allah reward you for your efforts in answering and continue to use you all for the khidmah of deen

Shukran

Wassalaam

Hanafi Fiqh

Inheritance Questions

Asalamualaikum

I wanted to follow up to provide more information.

My father passed away on April 9th 2021. The family he leaves behind is:
• Wife
• 2 Daughters
• 1 Son
• No surviving Parents
• In addition: he has 2 surviving brothers and 6 surviving sisters and 2 half sisters.

In the written will he bequeathed everything to my mother and it says that after she passes then everything will be distributed Islamically. Is this will valid? If it is not, then how should his assets be distributed.

Assets: House, cash, stocks/shares, personal belongings, and a business these are all split 50/50 between him and his wife. Both on paper and understood by the full family.

How should the following be distributed:
• House – Currently my mother and my brother and his wife are living in that house.
• Cash – On hand and in the bank.
• Shares/Stocks – Do we sell the shares, or can we distribute the stocks.
• Personal Belongings – Clothes, shoes, etc
• Business – The business was incorporated and had a total of 101 shares, 48 shares belonged to my Dad , 48 shares to my Mom and 1 share to each child.

The additional questions we had are as follows:

1. The assets that he left behind can we use that to cover his funeral expenses and any taxes owing? The follow up to this would be any other outstanding debts.
2. There is money owed to him; some of it was a loan that he and my mother gave together (split 50/50). The other is a loan he gave on his own. How is this to be distributed?
3. He had completed his Zakaat calculations and started the distribution however he did not complete the distribution, does this obligation still stand?
4. He had a life insurance policy, how do we deal with that money; from an Islamic perspective of life insurance and that money in general?
5. Once the calculations are completed does the wealth need to be distributed immediately or can this be done on paper for now
6. Lastly for the house and the business do we have to get a valuation done to understand its value.

Hanafi Fiqh

Husband bequeathing wealth to wife.

Asalamualaikum

1) Our father bequeathed everything to our mother in his will. After she passes, then it will be distributed Islamically between us siblings. Is this acceptable Islamically?

2) All assets that my parents owned are joint. If in the above above, it is not acceptable Islamically, do we need to pull out half of what my mother owns and then distribute the rest Islamically between us siblings and our mother?

3) Do we need to pay out everything right now or can this be done on paper, and then the actually money be given out at a later point?

Hanafi Fiqh

Inheritance distribution

Asalam
My grandfather have 11 children. My grandfather passed away in 2013. He did not shares his property equally among his sons. My father did not get anything. some property have not yet share. Should they share the remaining property among them or they should give my father share and then share the remaining property.