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The Rights Related to the Estate
Author : Dr. Mufti Sa`eid Farhan
Date Added : 09-10-2024

 

Praise be to Allah, The Lord of The Worlds and may His Peace and Blessings be upon Prophet Muhammad and upon all of his family, companions, and those who follow him.

When the son of Adam dies, all the wealth he possessed at the time of his death becomes part of his estate, whether it is movable wealth like money and furniture or immovable like land and property. This also includes the outcome of efforts he made during his life, which yielded results after his death, such as setting up a fishing net in which a catch is found, blood money (Diya), compensation for injury (Arsh), or a deposit he left with one of his children. [Kindly refer to Mughni Al-Muhtaj, vol.4, pp.7].

There are four rights related to this estate, ordered as follows:

First Right: Preparing the Deceased

This refers to washing, shrouding, and burying the deceased in a manner appropriate for their status. Since preparing the deceased is one of their needs, it should be done as if fulfilling their worldly needs-without extravagance or stinginess, in line with their financial situation.

No other right precedes the right of preparing the deceased except for debts tied directly to the estate, such as a mortgage or Zakat (Alms) that was due before death. The "right tied to the estate" means a debt that is connected to a specific item, such as mortgaged land or goods purchased by a bankrupt buyer.

Imam Al-Nawawi said: "If there is a right attached to the estate, such as Zakat, a loan, mortgaged property, or goods purchased by a bankrupt buyer, it takes precedence over the expenses of preparing the deceased. And Allah the Almighty knows best." [Minhaj Al-Talibin, pp.180].

The reason preparation takes precedence over settling debts is that the Prophet (peace and blessings be upon him) would order that the deceased be shrouded and buried immediately, as seen in the case of the man who died while in a state of ihram after being trampled by his camel. The Prophet (PBUH) said: "Bathe him with water mixed with the leaves of the lote tree and shroud him in his two (pieces of) cloth (Ihram), and do not cover his head for Allah will raise him on the Day of Resurrection Pronouncing Talbiya." [Agreed upon]. He did not inquire whether the deceased had debts, even though he (peace be upon him) would ask about debts when a funeral was brought before him. If the deceased had debts, he would say: "Pray over your companion" (Al-Bukhari. Kindly refer to "Mughni Al-Muhtaj," vol.4/pp.7). Since someone who is bankrupt is allowed to keep something to cover himself, this is even more the case for the deceased. Imam Al-Ramli said: "Because he needs it, just like the bankrupt, and even more so since his means of earning a living has ceased." [Nihayat Al-Muhtaj vol.6/pp.5].

The family of the deceased should be cautious not to spend from the estate on funeral and mourning ceremonies, as this is impermissible. The deceased's wealth becomes the right of the heirs after fulfilling other obligations. It cannot be used without their permission, and if there are minor heirs, it is forbidden to spend their share. Their permission is invalid since they are not legally competent to give it.

Let those who indulge in extravagance in funeral ceremonies from the deceased's wealth fear Allah, for such ceremonies are not part of preparing the deceased. Preparation, as mentioned earlier, is limited to washing, shrouding, and burying. Most of these ceremonies involve extravagance and, at times, showing off.

However, if one of the adult heirs voluntarily donates from their personal wealth within reasonable limits, there is no harm in that.

Second Right: Paying Debts

After the deceased is prepared, their debts are to be paid. These debts are of two types: debts owed to people and debts owed to Allah.

Debts owed to Allah include obligations such as vows, expiations, or obligatory Hajj, while debts owed to people are the well-known financial obligations, such as loans or debts from transactions. The deferred portion of the wife's dowry is also considered a debt that must be paid, a point often overlooked.

If the estate is sufficient to pay off all debts, they should be settled accordingly. If the estate is insufficient, and there are multiple debts, the prevailing opinion in the Shafi'i school is that debts owed to Allah, such as Zakat, expiations, and Hajj, take precedence over debts owed to people. Al-Khatib Al-Shirbini said: "Debts owed to Allah, such as zakat, expiations, and Hajj, take precedence over debts owed to people according to the more correct opinion" [Mughni Al-Muhtaj, vol.4/pp.7]. The Shafi'i scholars base this on the hadith of the Prophet (PBUH): "The debt due to Allah is the one which most deserves to be paid." [Agreed upon].

Third Right: Fulfilling Bequests

If the deceased made a bequest, it must be fulfilled, but only within one-third of the remaining wealth. It is not permissible to exceed this one-third unless the adult heirs give their consent, as their consent would be a donation of a right they own. These rights are fixed and it isn`t permissible they encroach upon each other. The Prophet (PBUH) told Saa’d Ibn Abi Waqqas when he wanted to make a bequest, "One-third, and one-third is a lot." [Agreed upon]. However, there are conditions and restrictions regarding bequests that cannot be elaborated here.

Fourth Right: Distribution of Inheritance

After the previous three rights are fulfilled, the remaining wealth is distributed among the heirs according to their shares prescribed in the noble Quran. However, it is important to note four points here:

1. The heirs' right to the estate is not fully established until the prior rights are fulfilled. If one of the heirs takes anything from the estate, even a small item like a cane the deceased used, they do so wrongfully, as it may belong to a creditor or a person entitled to a bequest.

2. Everything left by the deceased is part of the estate, whether it is of great or little value. No heir may take anything without the knowledge and consent of the other heirs, even after debts have been paid. If there are minor heirs, taking anything is strictly forbidden. Those who do so should beware of Allah's punishment for taking the wealth of an orphan, even if the orphan is their sibling. Allah, The Most Exalted Says (What means): "Indeed, those who consume the wealth of orphans unjustly are only consuming fire into their bellies. And they will be burned in a Blaze" [An-Nisa/10].

3. Some items that are thought to be inheritance may actually belong to the wife, such as furniture she brought as part of her dowry or gifts from her family. These are not part of the inheritance but belong to her, although she allowed her husband and children to use them.

4. Deposits left by the deceased with one of their children are not for that child to keep but are part of the inheritance, as explained earlier, and belong to all the heirs.

We ask Allah the Almighty to grant us a good end, forgive us, and cover our faults in this life and the Hereafter. He is The Guardian of that and Fully Capable of it. Our final call is praise be to Allah, The Lord of The Worlds.

 

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Summarized Fatawaa

When Iddah is Initiated for Deceased's Wife?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.

Iddah is observed on the same date at which her husband passed away for four months, but as for the pregnant, it is observed at the date she gives birth. And Allah Knows Best. 

Is it permissible for me to eat from the animal that I slaughtered for Allah to protect my family?

It is permissible to eat from the non-vowed animal sacrifice, and the person is rewarded based on the amount of meat that he had given to the poor. However, there is no evidence in Islamic Sharia indicating that slaughtering an animal protects one`s family, but it is a way for thanking Allah, The Almighty, for his grace.

I have a question regarding the deferred portion of the dowry (Mahr)*. Is the wife entitled to it only upon divorce or she can claim it even if divorce hasn`t taken place? Moreover, does she have the right to claim this portion after death of husband, even if he didn`t divorce her before that?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
In the marriage contract, it is recorded that the deferred portion of the dowry is due upon divorce or death, whatever comes first. If divorce took place first then the woman is entitled to it and if the husband died this amount must be paid from his estate. On the other hand, if the woman died then the husband becomes liable for this portion and it becomes part of the woman`s estate. We advise every husband to give this portion to his wife while alive because it is a right of hers. And Allah The Almighty Knows Best.
* In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage (payment also has circumstances on when and how to pay). While the mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed upon marriage.

Is it permissible for a woman to uncover her face while performing Umrah (minor Hajj)?

The woman who is in a state of Ihram (ritual consecration) should uncover her face and hands, but it is permissible for her to let her head-covering garment drape from her head down over her face when non-Mahram (i.e., marriageable) men pass by her. And Allah Knows Best.