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Gifting upon death

Q: After my demise, I wish certain specific assets to go to certain heirs. How can I ensure this happens?

A: The Shari'ah has laid down specific Laws in terms of Inheritance and Succession. Accordingly, estate distribution is not discretional. Hence, it is also important that the Will is in conformance with the Islamic Law of Succession. The heirs of a deceased can only be determined at the time of death.

It is not permissible to favour or deprive an heir by stipulating shares or specific items to be inherited by specific individuals after one’s demise.

Therefore, to stipulate that a certain item goes to a certain person after demise is not valid.

However, one may do a distribution of assets in his/her lifetime, but these must be in accordance with the rules of gifting in Islamic Law.

And Allah Knows Best
Darul Ihsan Fatwa Dept.

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