Distribution of the estate
Question
This is a question regarding distribution of wealth if estate has been left with a wasiyyah that items be divided according to Shari'ah. I know about shares however confusion is on items be it property or accounts which may have been in the deceased name and a child's name. For example a joint current account or share certificates.
Answer
If the deceased (through putting the share certificates and the money in the current account on the childs name) intended gifting it to the child prior to his demise and he did not do it for some other convenience, it will be regarded as the childs wealth.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/3746
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-3746