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Will About 1/3rd Of The Deceased's Estate
Assalam o Alaikum,
I will be gratefull if you please anwser to my following question about Will(Wasiah). As you know, under the Islamic law, a Muslim can only dispose of 1/3 of his estate as he wishes. My question is: Can he give 1/3 or less to his wife or one of his children who has already shares in his estate? Some mufties say, it can be given to his wife or child, but some mfties say, NO it can not be given to any benficiaries who has already share in the deceased estate. Please advise me in this regard along with the references.
Jazakallah khair
Saeed Akhtar
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2 Replies
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Will About 1/3rd Of The Deceased's Estate
updated 10 months, 1 week ago
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Replies
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According to Hanafid school, it is only 1/3 of his estate a person can make a will on, but to us, there is no such restriction, a person is allowed to make a will on the whole of his estate with this reservation that no injustice should be done to any heir.
Secondly, according to the Hanafid school, the relatives whose shares have been prescribed in Shariah are not entitled to receive another share from the will, i.e., no will can be made in favour of any shareholder. But to us, in case of need and benefits, one has received from a shareholder relative, will be made in his or her favour.
So, you can make a will in favour of your wife.
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