making a will against the rules of Shariah

Question:

Asalamualaikum

Can a person (man or woman) leave a will or a secret recording (with just one sibling without telling the others) saying all his/her children (boys and girls) should share his/her belongings equally after his death or should Sharia still be followed? jzk

Answer:

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the Name of Allah, the Most Gracious, the Most Merciful.

Wa Alaikumussalamu Wa Rahmatullahi Wa Barakatuh

Dear brother,

Everything that we have is the property of Allah SWT. He is the real owner of everything. Therefore, only He has the right to grant ownership of anything he wants to anyone. Due to our need, He has temporarily granted us ownership of our belongings. But this is only during our lifetime. Once we die, we lose that ownership, and all our belongings go to the ownership of our heirs. Each heir gets a specific share. Allah SWT Himself has decreed this, and we cannot change it.

Yes, the Shariah has given us the right to make a bequest of up to one third of our belongings to a non-heir. The remaining two thirds is the right of the heirs.

In light of the above, the answer to your question is that no, a person, whether man or woman, cannot do that. And if someone does do that, it will be null and void from the perspective of Shariah. Furthermore, he will be sinful for making a will against the rules of the Shariah.

And Allah Ta'ala knows best.

Mufti Faizal Riza
01/01/2022

Darul Ifta Australia
www.fatwa.org.au

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