Purpose of Will - Inheritance in muslim country: What is the purpose of a Will when your inheritance will be divided
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
1. What is the purpose of a Will when your inheritance will be divided according to sharia when you reside in a Muslim country?
2. How will a widowed wife be able to maintain a house when her only inheritance is so much smaller than than the portion of her two children (one boy and one girl), and no parents living?
(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)
Answer:
Inheritance
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Q-1) What is the purpose of a Will when your inheritance will be divided according to sharia when you reside in a Muslim country?
A will has a lot more purpose other than merely dividing the wealth amongst one's legal heirs:
1. One may have taken a loan, which one can demand be paid back from the wealth one leaves behind.
2. One may have to collect a loan one might have given, which one may advise one's heirs to collect.
3. One may wish to bequeath a portion (maximum 33.33%) of the wealth one leaves behind to any person or organization other than one's legal heirs.
4. One may wish to give advice and/or warnings and/or reminders to one's loved ones regarding the things they should or should not do after one's death.
There could be any number of things one wishes to advice or remind their loved ones, and leave it in writing to stress its importance to their dear and near ones to follow after one's death which can be formulated in one's will.
Q-2) How will a widowed wife be able to maintain a house when her only inheritance is so much smaller than than the portion of her two children (one boy and one girl), and no parents living?
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 34:
34 Men are the protectors and maintainers of women because Allah has given the one more than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient and guard in (the husband's) absence what Allah would have them guard (their chastity, their husband’s honor, property, etc.)
The son of the widow is duty bound to make sure that he takes full responsibility for the upkeep of his mother and her expenses after the death of his father; and that is why his share is greater than the other heirs. The share the widow receives is her personal assets and she does not have to spend even a cent of that wealth for her own upkeep, or the upkeep of the house, if she does not wish to do so. It would be he obligatory duty of the son to take full financial responsiblity for the upkeep of his widowed mother from the wealth he inherits.
Allah says in the Holy Quran Chapter 17 Surah Bani Israel verses 23-24:
Your Lord has enjoined the following: You should not worship anyone but Him Alone! Treat your parents with great kindness; if either or both of them attain old age, do not even say ‘uff’ to them; nor rebuke them; but speak to them kind words. Treat them with humility and tenderness and pray, “O our Lord, be merciful to them, just as they brought me up with kindness and affection in my childhood.”
Allah says in the Holy Quran Chapter 31 Surah Luqman verse 14:
14 And We have enjoined on man (to be good) to his parents: in travail upon travail did his mother bear him and in years twain was his weaning: (hear the command) "Show gratitude to Me and to thy parents: to Me is (thy final) Goal.
Allah says in the Holy Quran Chapter 4 Surah Nisaa verse 36:
36 Serve Allah and join not any partners with Him: and do good to parents kinsfolk orphans those in need neighbors who are near neighbors who are strangers the companion by your side the way-farer (ye meet) and what your right hands possess: for Allah loveth not the arrogant the vainglorious;
Al-Tirmidhi Hadith 4941 Narrated by Abu Umamah
A man said, "O Messenger of Allah (saws), what rights can parents demand from their children?" He (saws) replied, "They are (or your relation with them will determine) your Paradise or your Hell."
Sunan of Abu-Dawood Hadith 5120 Narrated by Mu'awiyah ibn Hayadah
I asked: ‘O Messenger of Allah(saws)! To whom should I show kindness most?’ He (saws) replied: ‘Your mother.’ I asked (again): ‘Who next?’. He (saws) replied: ‘Your mother!’. I asked: ‘Who next?’ He (saws) replied: ‘Your mother!’ I asked again: ‘Who next?’ and he (saws) replied: ‘Your father, and then your relatives in order of relationship.’
Al-Tirmidhi Hadith 4939 Narrated by Mu'awiyah ibn Jahimah
Jahimah came to the Prophet (saws) and said, "Messenger of Allah (saws), I desire to go on a military expedition and I have come to consult you. He (saws) asked him if he had a mother, and when he replied that he had, he (saws) said, "Stay with her, for Paradise is at her feet."
Sahih Al-Bukhari Hadith 3.821 Narrated by Anas
The Prophet (saws) was asked about the ‘Kabair’ (the absolute gravest sins in the Sight of Allah). He (saws) replied: "They are:--
(1 ) To join others in worship with Allah,
(2) To be undutiful to one's parents,
(3) To kill a person (which Allah has forbidden to kill)
(4) And to give a false witness."
Sahih Al-Bukhari Hadith 8.290 Narrated by Abu Bakra
Allah's Messenger (saws) said, "Shall I inform you of the biggest of the Great Sins?" They said, "Yes, O Allah's Messenger (saws)!" He (saws) said, "To join partners in worship with Allah, and to be undutiful to one's parents."
Al-Tirmidhi Hadith 3655 Narrated by Abdullah ibn Umar
Allah's Messenger (saws) said, "There are three people to whom Allah has forbidden Paradise: one who is addicted to wine, an undutiful son, and a cuckold who agrees to his womenfolk's adultery."
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 215:
215 They ask thee (O Prophet (saws)) what they should spend (in charity). Say: ‘Whatever ye spend that is good is for parents, and kindred, and orphans, and those in want, and for wayfarers. And whatever ye do that is good Allah Knows it well.’
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is only ones. Allah Alone Knows Best and He is the Only Source of Strength.
Your brothers and well wishers in Islam,
Members of Islamhelpline
