Is the following clause of the Will correct

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Date: Wednesday , September 21 , 2011

 

Category

Inheritance  

Title

 

Is the following clause of the Will correct

Question

 

: Is the following clause of the Will correct according to Shari’ah – ‘I hereby bequeath my house, household items and car to my wife’?

 

 

Answer

 

Muhtaram / Muhtaramah

 

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.

 

A bequest cannot be made for an heir. Since the wife is an heir, the bequest made for her is invalid. The bequeathed items form part of the nett Estate and must be distributed according to the Islamic Law of Succession and Inheritance.

 

 

And Allah knows best
Darul Iftaa

Madrasah Inaa’miyyah

 

 

·         The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.

·         The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused.

·         This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Ifta.