I own two lands and wish to distribute them amongst my children, grandchildren in my life. How should I do with the partition?

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Question I own two lands and wish to distribute them amongst my children, grandchildren in my life. How should I do with the partition? Answer Muhtaram / Muhtaramah In the Name of Allāh, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh. Essentially, you are at liberty to distribute your property between your children or grandchildren during your lifetime, if you so wish. However, it should be borne in mind … [Read more...]

If the husband gives the wife his home

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Question If the husband gives the wife his home (for example) but does not transfer it on her name to avoid the transfer duty, is it regarded as given according to Shari’ah? Answer Muhtaram / Muhtaramah   In the Name of Allāh, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh. The husband may gift his house to his wife during his lifetime by relinquishing all his rights over the house. The wife … [Read more...]

the husband transferred the wife portion

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Question A husband and wife had a house jointly on their names. The husband worked bringing the money while the wife did not work to bring in money but stayed at home as a housewife looking after their 2 boys and 3 daughters. Now the wife died in 2002 and the husband transferred the wife portion of the property on his name.QUESTION: Is this right according to the LAWS OF ISLAAM? All the 5 children are alive is the children entitled to the … [Read more...]

what is the distribution

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Question   My sister is unmarried, we have no parents and she has no children, only four sisters and two brothers in total.  She has no assets and only has a compulsory pension fund.    Would the proceeds of this fund be regarded as inheritance should she pass away before her siblings if so, what is the distribution according to Shariah?       Answer Muhtaram / Muhtaramah   In the Name of Allāh, the Most Gracious, the Most Merciful. As-salāmu … [Read more...]

CAN A PERSON MAKE WASSIYAT

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Date: Tuesday, May 22, 2012   Question       1. CAN A PERSON MAKE WASSIYAT THAT AFTER I DIE MY HOUSE BECOMES WAQF TO THE MOSQUE TRUST. WHAT A BOUT A PERSONS AUTOMATIC HEIRS?       Answer   Muhtaram / Muhtaramah   In the Name of Allāh, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh. A person is allowed to make wasiyyat up to … [Read more...]

the government forcefully took away many properties

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Date: Friday, May 18, 2012   Question     In the apartheid times the government forcefully took away many properties from our parents and grandparents and gave them meagre sums of money as a form of compensation. The government is now compensating people who were affected by giving applicants claiming that their parents/grandparents properties had been expropriated, by giving them properties in lieu of … [Read more...]