ive tried doing research on this topic on internet but din get too far…
so before i ring up a solicitor and ask professional advice and get charged i thought i’d ask GS Guppies first…after all we do have a lot of educated species on here mashallah…
Before a person passes away (a muslim born and bred in UK) if he makes a will, sharing everything according to Islamic way, will his wife (who is legally married to him in UK) be able to overrule the will? and demand most of it? or it will taken care of according to his will?
living in UK can a wife demand wots hers through the legal way and not the islamic way?..wot can the other half do to prevent english law interfearing in islamic law?
last but not least how is the wealth of the husband distributed under islamic law?..how much to wife and kids? (ive heard kids get most of it and not much is left for wife) how much do his brothers and parents receive?
what happens to inheritance which he ‘was’ going to recieve from his parents but he passed away…?
wot are the benefits not to get legally married in UK (even tho nikah is done) and wot are the disadvantages?
please reply as soon as possible in eveidence of correct and true hadith, its much appretiated.
If he writes a legal will under UK law with witnesses and all, and specifies in his will the exact manner in which his property is to be distributed (rather than just saying “islamically”, he should say what share and exactly what goes to whom), then the wife cannot overrule it, just as a spouse cannot overrule any Christian’s will. If he writes a legal will and excludes you from it… there’s nothing you can do.
However, if he dies without a will, expecting that things would be shared according to Shariah, then there is a worse problem and any of his potential heirs (siblings, cousins, uncles, aunts, etc) can lay a claim on his property.
The main benefit of getting legally married is lower capital gains tax (it can be split between you and your spouse) and zero inheritance tax when inheriting your spouse’s property.
The website at this link specifies the following disadvantages to not being legally married.
Your husband would legally not have parental responsibility. PR is defined in the Children Act 1989 as ‘all the rights, duties, powers, responsibilities and authorities which by law a parent of a child has in relation to the child and his property.’ Without it, he doesn’t have any right to be involved in decisions such as where the child lives, their education, religion or medical treatment.
You have no legal protection under UK law should he leave you. Without being married under UK law he could just walk out and is not responsible for giving you any financial support.
if you are not married or not in a civil partnership you may find that hospitals and other such official bodies do not accept your involvement in the affairs of your partner, however long the relationship. These bodies will give more recognition to married and civil partnered couples.
Most medical practitioners will be sensitive to the issue and will understand that, should you need medical treatment, you will want you partner involved, whether you are married, civil partnered, or not. It may be helpful to have a document stating that you would wish your partner to be consulted and involved.
==========
The website I linked to gives a lot of information on this topic - from the UK legal perspective, it should be all you need.
how much should the wife, kids parents and brothers and sister shud get?
That depends on which school of thought you follow.
Regardless, once you determine what the correct portion is for each person you want to inherit according to Islam, just make a will under English law and it will be carried out when you die.
If you die without an English law will, the one thing you can be sure of is that there is virtually zero chance of it being split Islamically just because that was the person's religion. The authorities will try and contact all of the deceased's relatives and ask them if they want a share of the estate.
Maddu is it true under Islamic law kids go to the father?.......say if a couple split up, will the kids go to the father?...i thought they'd stay with the mother....
i know under UK law they would go to the mother ryt?
Also do u know wots the sharing percentage to the wife, kids, parents and husbadns siblings under Islamic law?....