Al-Fara'id Online Forum

 Bismillāhi Rahmāni Rahīm  You are welcome to today's class on inheritance law in Islām. Date:   4th Rajab, 1441 A H /  28th February, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   54 Topic:  Writing a Shari ‘ah-Compliant Will as a Muslim in non-Islamic State (The Concluding Part) Dear Participants, we have been able to concisely analyzed the intrigues of writing a Shari ‘ah-Compliant Will which would be admissible in the Courts for those Muslims living in non-Islamic State. Once the Wasiyyah is written, we need to engage the services of Muslim lawyers who are conversant with both Islamic and Common law provision. He would then scrutinize the testament of our Wills and lead us to the Probate registry of the State High Court where we reside. At the probate registry, your Will would be registered and scrutinized. Your lawyer as your attorney is obliged to fill and file the probate form of ...

 Bismillāhi Rahmāni Rahīm  You are welcome to today's class on inheritance law in Islām. Date:   22nd  Jumādah Thānnī , 1441 A H /  17th February, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   52 Topic:  Writing a Shari ‘ah-Compliant Will as a Muslim in non-Islamic State? (Part 3) Alhamdulillāhi! Last week, we had two classes on how a Muslims living in non-Islamic State could write a Shari ‘ah-Compliant Will that could be admissible at the Courts of Law. We made it clear that there is no compatibility between Islamic Will and Common Law Will in term of content, application and execution. It was also made clear that under these circumstances, a Muslim can still manage to follow the dictates of his or her religion as regards inheritance law especially on Will writing and application. However, as explained then (See the Part 1 and 2), what are we going to do after writing the will as d...

Bismillāhi Rahmāni Rahīm  You are welcome to today's class on inheritance law in Islām. Date:   16th Jumādah Thānnī , 1441 A H /  10th February, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   50 Topic:  How can a Muslim write a Shari ‘ah-Compliant Will in non-Islamic State? (Part 1) Alhamdulillāhi  for  the guidance of Islām. In the last two weeks, we have enunciated the meaning, concept and features of Islamic Will (Al-Wasiyyah) and the Common Law Will. We also enumerated the few similarities and differences among the two processes. This week, we are looking at a phenomenon whereby a devoted Muslim living in non-Islamic State would write a Shari‘ah-Compliant Will and would be admissible and valid in the operational Courts of law and legal systems where Shari‘ah is mostly not applicable. To start with, what is Shari‘ah-Compliant Will and what do we mean by non-Islamic State?  ...

Bismillāhi Rahmāni Rahīm  You are welcome to today's class on inheritance law in Islām. Date:   12th Jumādah Thānnī , 1441 A H /  5th February, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   48 Topic:   Al-Waṣiyyah (Bequest) and Common Law Will Writing and Execution  Sub-Topic:  The  Differences (Part 3) In our last class, we enumerated some similarities between Al-Wasiyyah and the Common law Will. Today,  Inshā Allāh, we are looking at the differences between the two and what distinguished the former from the latter as the most appropriate method of writing will in term of content, application and appropriateness. In nutshell, some of the differences between the two are: 1.  Al-Wasiyyah was divinely promulgated by Allah ( See Q2: 180-182); hence, its uniformity while the common  law Will world over was a product of man’s discretion; hence its discrepancy fro...

  Bismillāhi Rahmāni Rahīm  You are welcome to today's class on inheritance law in Islām. Date:   10th Jumādah Thānnī , 1441 A H /  3rd    February, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   48 Topic:   Al-Waṣiyyah (Bequest) and Common Law Will Writing and Execution  Sub-Topic:  The Similarities and Differences (Part 2) Alhamdulillah, last week we started the discourse on the similarities and the differences between Islamic Will (Al-Waṣiyyah) and Common law Will where we discussed distinctly the definition of each.  In continuance of this, we are looking at the similarities between the two as follow: 1.  Al-Waṣiyyah and Common law Will are ambulatory, that is, they become effective and operational after the death of the deceased (Testator) 2.  Both are revocable before the death of the testator. That is, the deceased has the right to change the...

SPECIAL APPEAL FOR RADIO  BROADCAST !!! Dear Muslim and Muslimah!!! The entire academic and technical teams of Al-Faraid Online Forum heartily appeal to you all for your support towards our drives of highten our broadcast channels of sharing the knowledge of inheritance law in Islam. In the last seven months, through your supports, we have being broadcasting on WhatsApp, Telegram, Facebook and recently on WordPress, Blogger, Wix and LinkedIn. However, we also realised that, despite all these efforts, larger percentage of Muslims are not connected to all these mediums not could read our posts or write to ask questions. We then, as matter of urgency and harkening to our Prophet's  directly against the extinction of the knowledge and application of Al-Faraid among the Muslim Ummah, appealing to you in sponsoring our "Radio Broadcast" in Nigeria through English and our local languages in which Al-Faraid would be taught and questions would be answered.  Almighty Allah says: ...

This is my question: the house the family live in before the death of the owner of the house hold, can he in his wasiyyah exempt the house from being shared as part of the estate and to leave it as a house for members of his family that were staying there before his death? Response: Walaekum salam warahmatullah wabarakatuh.  Aaamin for the prayers and for all of us. You are welcome. Under islamic Law, all the properties acquired by the deceased are termed "estate or property" to be shared by his or legitimate heirs.  In the case you raised above, the deceased could exempt the house from his inheritable properties for the use of general family members on conditions. These include: 1. The wasiyyah must be shariah-compliant 2. All the legal heirs must   agreed to the testator's decision ( that is the deceased's decision) on mutual ground.  3. The deceased ( testator) must not impose the decision on his legal heirs. 4. If some of the heirs disagreed, the family hous...