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  • Darul Ilm
    replied
    Originally posted by Revert_Nazahah View Post

    As my family are not Muslim I cannot leave them anything? Or it must be a bequeath rather than inheritance?

    Can I give 1/3 to each parent and the remaining 1/3 to charity?

    As our brother Abu Abdullaah says above, this isn’t all my money/savings etc this is just from any benefits I have from work such as a pension etc

    Thank you
    Taking the above reply into consideration, it should answer at least one of your questions, but let's go through them again.

    1: Any wealth which is in your possession, or owed to you, will automatically form part of the estate, and all the laws of inheritance will apply to it.

    2: All bequests combined cannot amount to more than 1/3 of the estate, so even if it were to be divided between a dozen people, it cannot exceed that 1/3.

    3: If you would like for your parents for example to have your entire pension (because remember, pension is essentially your money owed to you, thus it forms part of the estate), then the way to do it would be to give them the pension during your life.

    This you would do for example by telling them that you have given it to them, and they accept it.

    The flip side of this though, is that it would now become their property that's in trust and linked to you, so essentially it would form part of their estate in the event of them passing away, and would not automatically return to you by them passing away.

    So it's a little of a catch 22 situation there, so care should be taken before making such a decision.


    I hope this clarifies the situation somewhat.

    And Allaah Knows Best.

    Leave a comment:


  • Darul Ilm
    replied
    Originally posted by Abu 'Abdullaah View Post

    Would this be classed as inheritance from an estate even if it's a payout or compensation resulting from death at work?
    Good question.

    This will depend on the contract itself.

    If this is your money owed to you, which would have been paid to you in the event of retiring etc, such as a retirement fund, then it will be classed as inheritance, because it was your possession that was owed to you during your life.

    If, however, it is a gift from the side of the work for one's family in the event of your death, where they give to a recipient of your choice, then in that case it would not be classed as inheritance because the money would not have come to you anyway, so this will be deemed as a gift and thus permissible to be distributed in the way chosen.

    And Allaah Knows Best.

    Leave a comment:


  • Revert_Nazahah
    replied
    Originally posted by Darul Ilm View Post

    Wa Alaykumus Salaam.

    Okay, firstly welcome to the Muslim Ummah.

    It should be noted that inheritance between religions is not permissible, however gifts and bequests are.

    So in your specific case, while it would not be permissible to designate your parents as the recipients for your inheritance, what you can do is leave a bequest for them of your wealth (including these benefits), however a bequest cannot exceed one third of the value of the estate.

    So if you leave them a third or less, then it will be permissible.

    Beyond this point, if you have no family members that are Muslim, then you should endeavour to have the remainder of your wealth given to poor Muslims, either individuals or an organisation of your choice.

    And Allaah Knows Best.
    As my family are not Muslim I cannot leave them anything? Or it must be a bequeath rather than inheritance?

    Can I give 1/3 to each parent and the remaining 1/3 to charity?

    As our brother Abu Abdullaah says above, this isn’t all my money/savings etc this is just from any benefits I have from work such as a pension etc

    Thank you

    Leave a comment:


  • Abu 'Abdullaah
    replied
    Originally posted by Darul Ilm View Post

    Wa Alaykumus Salaam.

    Okay, firstly welcome to the Muslim Ummah.

    It should be noted that inheritance between religions is not permissible, however gifts and bequests are.

    So in your specific case, while it would not be permissible to designate your parents as the recipients for your inheritance, what you can do is leave a bequest for them of your wealth (including these benefits), however a bequest cannot exceed one third of the value of the estate.

    So if you leave them a third or less, then it will be permissible.

    Beyond this point, if you have no family members that are Muslim, then you should endeavour to have the remainder of your wealth given to poor Muslims, either individuals or an organisation of your choice.

    And Allaah Knows Best.
    Would this be classed as inheritance from an estate even if it's a payout or compensation resulting from death at work?

    Leave a comment:


  • Darul Ilm
    replied
    Originally posted by Revert_Nazahah View Post
    Salam brothers and sisters in Islam.

    My employer has just sent me a form to complete where I must express where any benefits from my work will be divided in the event of my death.

    I am a new revert and am unsure how this works in Islam, and and not finding a clear answer when I have tried to search online.

    I am a single woman, never been married and do not have children - both of my parents are still alive Alhamdulilah.

    Could anyone help me please?

    Thank you
    Wa Alaykumus Salaam.

    Okay, firstly welcome to the Muslim Ummah.

    It should be noted that inheritance between religions is not permissible, however gifts and bequests are.

    So in your specific case, while it would not be permissible to designate your parents as the recipients for your inheritance, what you can do is leave a bequest for them of your wealth (including these benefits), however a bequest cannot exceed one third of the value of the estate.

    So if you leave them a third or less, then it will be permissible.

    Beyond this point, if you have no family members that are Muslim, then you should endeavour to have the remainder of your wealth given to poor Muslims, either individuals or an organisation of your choice.

    And Allaah Knows Best.

    Leave a comment:


  • Abu 'Abdullaah
    replied
    You can nominate your parents or, possibly, a charity?

    Leave a comment:


  • Revert_Nazahah
    started a topic Expression of wish

    Expression of wish

    Salam brothers and sisters in Islam.

    My employer has just sent me a form to complete where I must express where any benefits from my work will be divided in the event of my death.

    I am a new revert and am unsure how this works in Islam, and and not finding a clear answer when I have tried to search online.

    I am a single woman, never been married and do not have children - both of my parents are still alive Alhamdulilah.

    Could anyone help me please?

    Thank you

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