(#199)
Question
As salam aleikum wa rahmatullah, May Allah bless all of you with the best of His Blessings in this life and the next and keep you eternally under His Protection and Mercy. My question is about drawing up a Will. I am trying to understand whether something belongs to me or my husband if I have bought it using funds that one is entitled to get from the government when they have children under 3 years of age. My husband and I agreed that these funds are for both of us and we mostly make decisions together on how to spend them. So, while drawing up a will, do I have to mention these items or are they not considered to be mine? I also would like to mention these are items like furniture, etc. used by me, my husband, and our children, and I don’t really recall which ones were bought using these funds and which items were bought using my husband’s salary. I myself am a stay-at-home mother and I am not employed. I humbly request you for clarification in this matter and may Allah the Most High compensate you for your guidance in this matter according to His Generosity.
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaramah
We have received your query relating to drawing up a Will, our response is as follows:
Drawing up a Will is an extremely important responsibility, especially in a Western country. Determining ownership of items is of paramount importance in order to avoid confusion at the time of distributing the deceased estate. It is crucial that one clarifies the ownership of every item in the house.
Therefore, you and your husband should determine the ownership of the items in your house. You and husband may divide the items amongst yourselves with mutual agreement, taking into consideration the laws of gifting in Shariah. Please refer to Fatwa 045, 106, 163 on the Darul Ifta website for more details.
And Allah Ta’ala knows best
Answered by:
Muhammad Irshad Motara
28th Rajab 1445
9th February 2024
