I’m somewhat familiar with the Quranic verses on inheritance. However, I understand that a will is not permissable in Islam? In Pakistan, even though it doesn’t implement Islamic Law, there is the allowance to “gift” your wealth to someone, and I think there is a similar law in the United States.
Given that your relatives are not worthy of your wealth (in your opinion), is the option of gifting your wealth in your lifetime permissable? And what if you wanted to give a sizable portion(almost whole portion) of your wealth to a child or wife or husband or sister or whoever for no special reason other than a gift…is this permissable, or do you have to leave a certain portion on the side that would be divided as inheritance among your relatives?
I am not aware of any prohibition of writing the will. I was told that the Holy Prophet advises us to write our will whenever we are going on a journey or traveling
Islamicly everyone has his or her own share in the inheritance and you can’t will things contrary to that. eg. Denying some of your child inheritance or favoring one child to another.
Correct me if I am wrong - but I was told you still have the right to dispose 1/3(One third) of your wealth any way you like. The other 2/3 must be disposed according the sharia.
1/3 of the person's wealth comes under the WILL and he can give it to anyone he likes according to the will....
the remainin 2/3 is distributed among members of the family according to the Islamic Shariah....
I have a slightly different opinion about the whole inheritance issue. While gift deeds are permissable in Islam, they are called "Hiba" they can be verbal or written ones. If not actually transferred ( I am speaking of Pakistani law now) if the Inthakal is not done. Then the gift deed can be challenged and the chances are when the court finally rules (your talking 4-100 years! wait) it will rule in favour of invoking the law of inheritance. There is no cocnept of disowning a person in Pakistani law anymore. The law of inheritance supsedes a will, unless the transfer is not done properly.
About women claiming half of a mans share, I think one issue should be highlighted. Unless the man fulfills the obligation towards his sisters of providing support and protection. I don't believe he should be entitled to double the share. Double the share depends on him providing protection and support to the females who are majboor.
A Islamic society provides considerable protection to a woman and does not expect them to go out and look after property and land by dealing with men.