Al-Fara'id Online Forum

Bismillāhi Raḥmāni Raḥīm  Date:  26th Muharram, 1442 A H / 13th September, 2020 Subject:  Al-Farā’id (The Islamic Law of Inheritance)  Lesson: 85 Topic:  Inheritance of Spouses under Islamic Law Sub-Topic:  Qur’anic Legislation on Spouse Inheritance (Lesson 1) Dear Participants, Today, Inshā’ Allāh, we are commencing a discussion on the Sharī‘ah legislation on the inheritance procedures of spouses (Husbands and Wives) as enshrined under Islamic law of inheritance and the intrigues of what Muslims faced today in the area of inheritance. We intend to look at the validation of Nikkāh as the basic tool that legalizes inheritance between the spouses, the intrigues of inheriting spouses who are non-Muslims, the limitation of spouses’ inheritance power because of non-blood relation as upheld by  Sharī‘ah and so on.  To start with, we as Muslims must know that Nikkāh, that is marriage is a sacred institution sanction by Allah (See Q4:3-5). Its sanctity is...

Bismillāhi Raḥmāni Raḥīm  Date:16th Muharram, 1442 A H / 4th September, 2020 Subject: Al-Farā’id (The Islamic Law of Inheritance)  Lesson: 84 Topic: Al-Waṣiyyah (Sharī‘ah-compliant Will/Bequest): Part 8 Sub-Topic: Writing a Sharī‘ah-compliant Will as a Muslim (Lesson 3) Dear Participants In concluding our lessons on Writing a Sharī‘ah-compliant Will as a Muslim, we need to look at what to be done after we must have written our Will document complying with the Sharī‘ah provisions as enumerated in the last class. The following are to be done to conclude the process of writing a Sharī‘ah-compliant Will admissible at Court of law: 1. Kindly engage the services of Muslim legal practitioners or Islamic scholars who are conversant with both Islamic and Common law provisions as your attorneys.  2. Your Will would be taken to High Court of Justice precisely to be registered, documented and deposited at the Court’s Probate Registry; in other word, a testator would seek the gran...

Bismillāhi Raḥmāni Raḥīm  Date:  14th Muharram, 1442 A H / 2nd September, 2020 Subject:  Al-Farā’id (The Islamic Law of Inheritance)  Lesson: 83 Topic:  Al-Waṣiyyah (Sharī‘ah-compliant Will/Bequest): Part 8 Sub-Topic:  Writing a Sharī‘ah-compliant Will as a Muslim (Lesson 2) Dear Participants, Glory be to Allah. In out last class, we spelt out the meanings of Sharī‘ah-compliant Will and non-Islamic State. It is now imperative to look at the modalities that could be adopted by a Muslim living in non-Islamic state to write his Wasiyyah and make it valid and tenable in the Court of law after his demise. We must bear it in mind however, that, as we exemplified previously, the Common law Will and its content are not the same as Sharī‘ah-compliant Will because in Islām, a Muslim cannot use his or her Will to decimate or share his property while alive as obtainable in Common law, but, he could use it to give out one-third (Thuluth) of his total estate discretional...