Show Posts
16
Islamic Duties / Re: "Wasiyah" distribution in one's lifetime?
« on: December 05, 2019, 01:57:33 AM »
Salaam Optomist,
I was only imparting my own opinion regarding gifting children money equally in their lifetime and yes, the Quran is silent on this matter. Obviously a disabled child is a different situation because they will have more needs compared to their siblings.
Putting that aside and in the case where children are healthy etc, I personally feel that they should all receive an equal share, regardless if one may be better off than another. We don't know whose situation could change in the future so just out of fairness I feel that they should have equal amounts otherwise it could seem to one child that you are favouring their siblings over them and potentially lead to unnecessary animosity.
It may be that the 'richer' child may refuse your gift and in that case you could reallocate it to other children, but the main thing would be to at at least offer the same amount to all of them.
With regards to Wasiyah, you are correct when you say that a limit of 1/3 allocation of wealth is not in the Quran. The primary will takes into account any specific legacies that are an 'exception' to the norm but they mustn't cause harm to the legal heirs of the deceased.
For example, you have 3 children and you are estranged from 1 of them who you completely exclude from the will by allocated equal shares to the other 2 children.
Or 1 of them are extremely rich and you exclude them in your will. These examples would mean that your will is not in the spirit of the Quran and it can be argued that it should be adjusted to correct any errors.
Quran 2:182
"But whoever fears any error or sin on the part of the testator, then reconciles between them (the parties concerned), then there is no sin on him. Indeed, God is Oft-Forgiving, Most Merciful"
I was only imparting my own opinion regarding gifting children money equally in their lifetime and yes, the Quran is silent on this matter. Obviously a disabled child is a different situation because they will have more needs compared to their siblings.
Putting that aside and in the case where children are healthy etc, I personally feel that they should all receive an equal share, regardless if one may be better off than another. We don't know whose situation could change in the future so just out of fairness I feel that they should have equal amounts otherwise it could seem to one child that you are favouring their siblings over them and potentially lead to unnecessary animosity.
It may be that the 'richer' child may refuse your gift and in that case you could reallocate it to other children, but the main thing would be to at at least offer the same amount to all of them.
With regards to Wasiyah, you are correct when you say that a limit of 1/3 allocation of wealth is not in the Quran. The primary will takes into account any specific legacies that are an 'exception' to the norm but they mustn't cause harm to the legal heirs of the deceased.
For example, you have 3 children and you are estranged from 1 of them who you completely exclude from the will by allocated equal shares to the other 2 children.
Or 1 of them are extremely rich and you exclude them in your will. These examples would mean that your will is not in the spirit of the Quran and it can be argued that it should be adjusted to correct any errors.
Quran 2:182
"But whoever fears any error or sin on the part of the testator, then reconciles between them (the parties concerned), then there is no sin on him. Indeed, God is Oft-Forgiving, Most Merciful"