What Should We Do With My Father’s Non Islamic Will?
Question: Assalamu ‘alaykum. My father left a non-Shari’a compliant will. One son disagrees, but the rest are fine to go with it. What should we do?
Wa ‘alaykum assalam.
I pray you are well.
In the Shari’a, upon the death of an individual, the wealth of the deceased automatically becomes the property of his heirs – after the settlement of his debts and funeral costs. This is done according to the shares stated in the Qur’an. All they have to do is to distribute it.
If the family is happy with another way of distributing it, and everyone willingly agrees, it’s permissible to do so. However, no one can be wronged, as it may entail some people getting less than their Shari’a stipulated share. [Maydani, al-Lubab]
If the son is not happy, then he is entitled to his actual share. Please bear in mind that this is not just about money. It is about the bonds of family that we are commanded to maintain. How many a family has split up over a few pennies that will be spent before you know it! Following the Shari’a distribution is best for everyone on a person, familial, and societal level.
Please refer to this answer too for more on this matter.
May Allah grant you the best of both worlds.
[Shaykh] Abdul-Rahim Reasat
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital and he was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.