Category Archives: Inheritance

to some, debt is like death

Q: Ramadan is close by and i feel awful. The money i owe cuz of college is eating my heart out.  I owe 63 thousand dollars and dont even have a job. I read that the prophet refused to perform janazah salah of the anyone that owed money. So why has this law being changed?. Does this law no more apply? Continue reading

insurance payout

Q: My father died. We got a payout from the insurance company. My sister declines its acceptance saying its harem. If this is true, what do we do with her portion? (in office question.) Continue reading

inmate: life, medical complications, death and burial

SA Imam Muhammed,

InshaAllah everything is going well with you. I have some questions from an inmate, here is the section from his mail:

‘My health is not the greatest and I have been asked by the Univ. of Utah that in case I happen to die on the operating table for any reason; would I want them to intervene and have them perform all the necessary procedures to bring me back to life, and once I am back would I want to be put on life support if things did not go as planned by their surgeons.

Question: A- What do I do? I have told them the last time that I was there to let me die and that I did not want them to intervene but I was not sure as what I was supposed to tell them according to Sharia Continue reading

death of husband calls for?

Q. Husband died. Left behind wife, daughter, mother and father.

Answer:

daughter share: ½

Wifes share: 1 / 8

Fathers share: 5 / 24

Mothers share: 1 / 6

Allah Certainly Knows Best.

some things you cannot do

Q. Can a parent disown a child from inheritance?

A. If a child remains a muslim, s/he cannot be declined an inheritance. A parent can give the money to whomever they want whilst the parents are alive. Death calls for religious distribution of wealth.

Allah Certainly Knows Best.

inheritance

Q. We have a piece of (land) and we are one brother, mother, and four sisters
so how do you divide the land between each person equally?
not money-wise just masaha.

A. Wife gets 1/8. Brother gets twice the amount of the sisters.

The shares with be divided into 48 equal shares.

Wife gets 6 shares

Brother 14 shares

Sisters 7 shares each

If above remains difficult for inheritors to understand, go to your local muslim accountant and ask them to distribute as indicated, then have it verified by your local mufti, or qualified Islamic scholar.

Allah Certainly Knows Best

p.s. excuse the delay in response

zakat paid on each pay check or total earnings?

Q. Do I deduct my Zakaat from each pay check, or do I pay of my yearly total income?

A. One need not deduct their Zakaat from each pay check, nor from the total income. The criteria for paying zakaat are simple:

The eligible person must merely observe if they possessed the nisab amount on zakaatable monies/goods at the start and end of each Islamic year. If they did possessed the nisab amount at the start and end of the Islamic year, then such persons must view themselves eligible for paying zakat for the entire year. If they lost their wealth within the cause of this year and did not posses nisab during the cause of the given year, then from the point they had gotten the new nisab amount which makes them eligible, they must do their calulation for zakaat.

Example: (based on a query that was sent to us) In an Islamic year, (1st of Ramadaan to the 1st of ramadaan of the following year,) Maymoona earned $100 000. At he end of the Islamic year, she only had $7 000 left. She would only have to pay 2.5% (zakaat) on the $7 000. Her total amount of zakaat payment to the poor (or those that qualify for zakaat) would be $175. Had she decided to calculate her zakaatable income based on her yearly salary, she would be paying $2 500 instead of $175. This would be incorrect. For zakaat is not a tax, it is charity linked to worship. The One worshiped would not do injustice to the worshiper.

Example, Maymoona did not have any money on the 1st of Ramaadan. It is only from muharam 1st that she began to earn a salary. In such a case, she must calculate her zakaat from Muharam 1st. After the passing of one year upon her first earning, whatever zakaatable possessions she has would be eligible as payment for zakaat. The key criterion is that the set money received only becomes eligible for zakaat after one year, (should it not be used up.) Whatever remaining money exists upon passing of a year becomes eligible for zakaat! (Provided the owner has ownership of finances above the amount of nisab as well)

Example: Zaid had in his possession $5 000 on the 1st of muharam. The following year on muharam 1st he had in his possession zakatable assets of $3 000. He would pay only 2.5% (zakaat) on the $3 000.

Allah Certainly Knows Best.