Mirath - The Laws of Islamic Inheritance

ADVICE
A person must make his/her will as soon as possible. The reason for the
urgency is that death is unpredictable. The reason for the necessity is
that it ensures the rightful people inherit. Not making a will in a country
where intestate laws (laws pertaining to the estate of a person who left
no will) are against Islamic principles is an oppressive act against one’s
heirs.
As we had mentioned in the preface, in UK law if a person dies
intestate (without making a will or has their will rejected for whatever
reason), in regards to who gets what, things are fairly complex. For
example, if the deceased left an estate of up to £250,000 then the
spouse gets everything and the children and parents get nothing.
Islamically, this is a crime against the other heirs. It is a sin that will leave
the deceased person accountable in the Hereafter.
Anas t related that the Prophet r said, “He who deprives an heir of
his inheritance, All\h will deprive him of his inheritance in Paradise on
the Day of Resurrection.”
Ibn M\jah
On a separate note, in the UK the family of the deceased also have
other responsibilities that may affect the inheritance. e.g. If the
deceased received welfare benefits, then the family must apply to stop
this otherwise *ar\m money would be included within the
inheritance.
Similarly, if the family know that the deceased had borrowed things of
others then they must return this. It would not only be a debt for which
the deceased may be accountable, but again would be *ar\m for the
heirs to benefit from without permission.
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