Do Heirs Owe Fidya If Records Are Absent?

Answered by Mawlana Ilyas Patel

Question

Is it mandatory for executors to estimate and pay fidya for a deceased if no clear record exists?

If a will states that religious obligations should be paid “if known,” and there are no clear records, are executors obliged to estimate and pay fidya from the estate? Or is this only recommended, and would guessing risk depriving heirs without clear direction?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

If a will says religious obligations must be met if known, and clear records are absent, executors aren’t required to estimate and pay fidya from the estate. If obligations are known, heirs are encouraged (mustahab) to pay from the estate if all agree. Otherwise, heirs can individually pay fidya with their own funds as a good deed (ṣadaqa).

The wealth of the deceased is distributed in the following manner:

1. Payment of funeral and burial expenses
2. All monetary debts, and any Islamic will (wasiyya) from one-third of the wealth, including religious liabilities like unpaid Zakat and fidya.
3. You may leave a will urging heirs to support each other after a parent’s death and distribute accordingly.
4. Remaining assets will be distributed among inheritors per Islamic law, with a scholar or Mufti’s guidance. [Sajawandi, al-Siraji fi al-Mirath]

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.