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Forums Forums Islamic Sharia Can Everything Be Written In A Will Anyway A Person Desires?

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  • Can Everything Be Written In A Will Anyway A Person Desires?

    Posted by Nadeem Minhas on August 21, 2021 at 5:47 am

    Or do we need to follow the prescribed distribution? Can we adjust portions based on need? Can estranged children for over a decade be given nothing or given very little?

    Nadeem Minhas replied 2 years, 6 months ago 2 Members · 7 Replies
  • 7 Replies
  • Can Everything Be Written In A Will Anyway A Person Desires?

    Nadeem Minhas updated 2 years, 6 months ago 2 Members · 7 Replies
  • Nadeem Minhas

    Member August 21, 2021 at 8:49 pm

    When you get a chance, please let me know with a brief answer for all 3 questions.

  • Nadeem Minhas

    Member August 21, 2021 at 9:12 pm

    What would be the portion for charity and relatives from inheritance? When would it be drawn?

  • Dr. Irfan Shahzad

    Scholar August 21, 2021 at 11:45 pm

    In the law of inheritance it is the will which is said to prevail first, and if there left anything, only then the prescribed law will be exercised. the phrase من بعد وصیۃ precedes the law.

  • Dr. Irfan Shahzad

    Scholar August 21, 2021 at 11:49 pm

    It is the person, who has to decide the portion of charity he want to give, no restriction or prescription is there. it is you sense of justice and good will which will decide for you what to do. charity and will be come after debt is paid off if any, and expense of burial is done.

  • Nadeem Minhas

    Member August 22, 2021 at 12:03 am

    Thank you Dr. Irfan for your help, I had the same understanding from Quran.

    Do you know why so many other scholars recommend only 1/3 to be willed and the rest to be distributed according to division in Quran?

    Also can a person leave nothing to an estranged child?

  • Dr. Irfan Shahzad

    Scholar August 22, 2021 at 1:17 am

    Since our conventional religious thought considers Hadith ( akhbaar Ahaad) to be the source of religious authority , they adjusted or altered the open or Mutlaq injunction of Quran with a Hadith in which the prophet suggested Saad bin Abi waqaad to give a third of his wealth in charity and it was when Saad asked for it. And the prophet said that a third is enough for you. It was not a legal statement but a suggestion.

    Yes since there is no restrictions on will so one can leave nothing for any of his children if he thinks they don’t need or deserve it.

    • Nadeem Minhas

      Member August 22, 2021 at 6:10 am

      Thank you! Dr. Irfan

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