Sayyiduna Abdullah Ibn Masud radiyallahu anhu reported that Rasulullah (sallallahu ‘alayhi wa sallam) said, “Learn the [laws of] inheritance and teach it to people for I will pass away soon. Knowledge will soon be taken away so much so that two people will argue regarding inheritance but will be unable to find someone to pass a verdict for them.” [Mustadrak Haakim]
Question:
What steps must be taken to ensure the deceased’s estate is handled in accordance with Islamic principles?
Answer:
A. Upon a person’s passing, there are four key rights pertaining to their wealth that must be fulfilled in the following order, as prescribed by Islamic law:
Funeral Expenses: The immediate costs associated with the burial, including the shrouding (Kafan) and burial of the deceased, must be covered from the estate.
Settlement of Debts: Any outstanding debts owed by the deceased must be repaid in full, even if this consumes the majority or nett estate.
Execution of Bequests: Valid bequests (Wasiyyah) made by the deceased to non-heirs up to a maximum of one-third of the remaining estate after the settlement of debts and funeral expenses must be executed.
Distribution to Heirs: Once the above obligations have been discharged, the remainder of the estate is to be distributed among the rightful heirs according to the stipulated shares outlined in Islamic inheritance law.
(Reference: As-Siraaji fil-Miraath, pp. 10–14.)
And Allah Ta’ala Knows Best
Mufti Muhammed Hamza Farooqui
Mufti Taahir Hansa
Fatwa Department
Jamiatul Ulama (KZN)
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)