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Inheritance, Wife Concerns, Forcing Hibah To Change Legal Heirs
i am going through a Pakistani drama sort of situation. i am 52 year old, healthy and apparently not on dying path… Allah knows best….. After studying Quran, tafseer and trying understand as well as apply it on my maamalaat too, i picked up the topic of inheritance as a research…… from Quran and tafseer for Islamic matters, and pak court/ succession law from legal point of view.
as of today, my legal/ qur’anic heirs are:- father, mother, wife and 3 x daughters. a stepson from present wife first marriage is there too. my 2 eldest daughter from my previous marriage chose to live with my ex wife from Dec 2014 onwards …..
i have a very limited estate…. a flat given on rent (used in house running), a plot on papers, location unknown as only registration fee of 42000/ is paid….cant be sold as rights not given to me. Civiv car 45 lac worth and cash 15 lac. the problem is that i have realized that since i didnt pay a penny to my 2 eldest daughters from day 1 of divorce uptill may 2024 when eldest daughter contacted me, started meeting me and so i added her in monthly expenses, 30 k and one odd 100000 etc for saving purposes so far 8 lac 50000 been transferred….. this was all at he cost of present matrimonial calmness….. any ways i believe i was lucky to get away from law and ex wife point of view as no maintenance was ever demanded from me.. but Islamically i realized i have to compensate her by paying their past maintenance as a debt……so in my draft Will, i included this aspect declaring it as a past binding debt, which should be paid prior to warasat.. on this present wife has made a hue n cry and even threatening for divorce on the plea that she is being cut off from her comfortable living……this is beyond my conviction because….. my pension which currently 195000/ pm will be given to her (no shares in it), additionally i have rough idea of almost 70 lacs going to her for 1/8th share…..most of all 2 years back i had already hibah gifted my luxury house on her name (realized later that i have cut off daughter share in it)…….she in pretext of securing her future, is now demanding transfer of car in her name. i am not agreeing as my believe is this now clearly crosses the quranic logic since shares of other heirs will be reduced and i am doing it now fully knowing about it……i am stress driven, because i tried my best to make it Quran specific shares, with debt paid to daughters, for repentance of my farz towards them and pak law also deas with gifts in such circumstances… your calculator is there but this para cant be explained in it….. so need scholarly/ expert advise from Quran first, law 2nd and society last point of view…. looking forward to helpful advice.
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3 Replies
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Inheritance, Wife Concerns, Forcing Hibah To Change Legal Heirs
updated 3 weeks, 6 days ago
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When drafting a will, you are not required to follow the Qur’anic shares, as those shares apply only after the will has been executed. If you distribute all of your wealth through your will, the prescribed shares in the law will not apply. However, any distribution should be made with justice. Justice does not necessarily mean equality; rather, you may allocate shares based on factors such as the benefit you received from particular heirs or ex wife, greater financial need, or similar considerations.
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Will for legal heirs?= allowed with Quran Al Nisa 4:11-12 and hadees about Will (1/3rd, not legal heir etc) i am now more confused. and u didnt mention debt handling or even “o in my draft Will, i included this aspect declaring it as a past binding debt, which should be paid prior to warasat.. on this present wife has made a hue n cry and even threatening for divorce on the plea that she is being cut off from her comfortable living……this is beyond my conviction because…”
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To us, one can bequeath all his wealth. The one-third rule is not applicable. However, Fiqh Hanafi considers it. For details, you may learn our argument.
It is understood that you have to pay your debt first, no matter whether you mention it in your will or not; the debt has to be taken before the wealth is distributed.
The rest is your discretion. You should decide according to your circumstances, sense of justice, and morality.
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