JazakAllah please do try to go into how the Islamic will is reconciled with a husband and wife owned home, meaning there is a portion belonging to the children as well . how many percent do they get out of the house? And does it matter if the wife made contributions or both made contributions towards the house.
Wa Iyyakum. That is definitely an interesting issue and spurs a lot of questions. For example, whether Joint Property can be reconciled under Islamic Law? Does Islam believe in 100% ownership by two people? The problem is that most Husbands and Wives own the house jointly in America. That means, under state law, that if one spouse passes away the property 100% belongs to the other one, without any distribution. However, this may not be appropriate under Islamic Law and would depend on what the ownership allocation is between husband and wife. Is the true owner the husband at 100%? wife 100% owner? do they own the property 50% each? Is ownership decided on the basis of contribution? This where the prenuptial agreement conversation, titling appropriately, and an understanding of ownership between husband and wife is very important. There are a lot of different scenarios of how the fractions may play out, but a simple illustration is essentially, 1/6 to mom, 1/6 to dad, 1/8 to wife (or 1/4 to husband) , whatever is left over should be divided amongst the children, with the boys receiving a double share.
Thank you for the explanation!
Yes I just got mine
Alhamdulilah.
Hello
Such an important topic. Where do we get started?
Call a qualified local Muslim Attorney who does estate planning. You can also contact us inshaAllah. Www.farooqihusain.com
JazakAllah please do try to go into how the Islamic will is reconciled with a husband and wife owned home, meaning there is a portion belonging to the children as well . how many percent do they get out of the house? And does it matter if the wife made contributions or both made contributions towards the house.
Wa Iyyakum. That is definitely an interesting issue and spurs a lot of questions. For example, whether Joint Property can be reconciled under Islamic Law? Does Islam believe in 100% ownership by two people?
The problem is that most Husbands and Wives own the house jointly in America. That means, under state law, that if one spouse passes away the property 100% belongs to the other one, without any distribution.
However, this may not be appropriate under Islamic Law and would depend on what the ownership allocation is between husband and wife. Is the true owner the husband at 100%? wife 100% owner? do they own the property 50% each? Is ownership decided on the basis of contribution? This where the prenuptial agreement conversation, titling appropriately, and an understanding of ownership between husband and wife is very important.
There are a lot of different scenarios of how the fractions may play out, but a simple illustration is essentially, 1/6 to mom, 1/6 to dad, 1/8 to wife (or 1/4 to husband) , whatever is left over should be divided amongst the children, with the boys receiving a double share.
Unfortunately we do not. My husband told me "My family will make the right decisions." No one in his family is Muslim! I'm so afraid at times.