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Importance of an Islamic Will
The Prophet (Peace be Upon Him) said: “A man or woman may devoutly worship Allāh for sixty years, yet when death approaches them, they act wrongfully when making their Will, as a result the fire becomes binding on them.” [Ahmed] A Will or testament is a legal document...
South African Legal Formalities for a Valid Will
For the legal validity of an Islamic Will, the following requirements must be adhered to: The Will must be in writing. A verbal wish or bequest will not suffice. Each page of the Will must be signed by the Testator/Testatrix in the presence of two or more...
Beneficiaries in Islam
There are two types of beneficiaries of a Will – a legatee and an heir. Legatee In Islam, a legatee is classified as a non-heir. Any specified amount, item, or asset may be bequeathed in his/her/its favour provided that the value of such does not exceed...
Executors and Administrators
Once the Testator/Testatrix dies, the administration and management of the estate is handled by an Executor. Estates valued at R250,000.00 or more are required by law to have an Executor. Therefore, it is important that the appointed Executor has the ability to...
Funeral and Burial Rights
Donation of organs, embalming, and autopsies of the deceased’s body are prohibited, unless required by the law. The body should be washed, shrouded, prayed for, and buried without any unnecessary delay.
Islamic Estate Administration
According to the Islamic Law of Succession, the distribution of the deceased’s estate must strictly be prioritised as follows: 1. Payment of funeral expenses Funeral expenses include the costs of the kafn (shrouding cloth), grave, and all expenses directly...