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Inheritance – Part Four

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Monday, 24 August 2015 14:36

By: Hazrat Moulana Muhammad Ilyaas Patel Saheb (d.b)

Islamic Will

Another problem comes up when there is no Islamic will. According to the hadeeth, a person should not even spend two nights without his will having been drawn. An Islamic will is extremely important to avoid any dispute. Drawing a will is no difficult task. The Jamiatul ‘Ulama Natal has ready-made wills drawn. All one has to do is fill in the blanks and the will is complete. This will is also available at their offices.

This is just a very brief discussion of few aspects that affect the proper distribution of inheritance. There are many more details for which one should refer to the ‘Ulama. May Allah Ta‘ala enable us to have our matters 100 % according to the sharee‘ah.

Click here for a detailed book on this subject.

 

Inheritance – Part Three

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Saturday, 15 August 2015 16:02

By: Hazrat Moulana Muhammad Ilyaas Patel Saheb (d.b)

Marriage Contract

One common problem is the marriage contract. According to South African law, if the marriage was registered without a proper ante nuptial contract (which is the only contract that is compatible with Islamic law), it automatically becomes a marriage in community of property. This means that everything (including their personal belongings) is now jointly owned by the couple. Upon the death of either of them, half of the entire estate will go to the surviving spouse, even if in reality 90% belonged to the deceased. This is clearly contrary to the sharee‘ah. According to the sharee‘ah, the husband will be the exclusive owner of his items. The wife will own her belongings exclusively. Upon their death it will be distributed to their respective heirs as outlined in the sharee‘ah. Once again, despite the marriage in community of property, there really should be no problem. All that is necessary is that the heirs re-distribute the inheritance according to Islamic law, irrespective of what the implications of the community of property are. However, experience has shown that in many instances the wife demanded a distribution according to the un-Islamic western law. Therefore it is necessary to have this matter in order as well by reversing the community of property to a proper ante nuptial contract. An ‘Aalim with experience in these aspects could be contacted for guidance in this matter.

Whose Property?

The above also highlights the aspect of definition of property. It has already been stated that according to the sharee‘ah, the husband and wife are the sole owners of their respective belongings. However, when it comes to household effects, there is always much confusion as to who many of the items really belong. If the wife has acquired something with her own money, that will not form part of the husbands estate and vice versa. This problem is particularly common in those instances where the wife also has an income of her own but it is combined with the husband’s income to meet the expenses and purchase what is required. Lack of clarity in this matter at times can even affect the rights of orphans. Therefore, this should be clarified. A simple solution would be for one of the spouses to buy off those items whose ownership is not clear from the other or alternately just give it as a gift. It sounds trivial, but it is extremely important.

(to be continued)

Click here for a detailed book on this subject.

 

The Golden Principle in Deeni and Worldy Matters

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Monday, 24 August 2015 14:11

Golden-Rule-Vending-BusinessHazrat Moulana Ashraf Ali Thanwi (rahmatullahi ‘alaih) once mentioned:

The path of deen and the path leading to the true love of Allah Ta‘ala will only be understood in the company of the Ahlullah (i.e. those who have the true love of Allah Ta‘ala and the correct understanding of deen). Though the kitaabs of deen contain the laws and aadaab (etiquettes) of Islam, however through merely studying the kitaabs one will not succeed in acquiring the true understanding and essence of deen. One will be in need of the guidance of a spiritual guide who will demonstrate the practical application of deen to him. This principle is not confined to deen and the matters of deen. Instead it also applies to worldly matters. One fully understands that by merely studying medical journals and textbooks one will not succeed in acquiring sound health, rather one is in need of the guidance of a qualified, expert physician to guide him in acquiring good health. (Malfoozaat Hakeemul Ummat 4/100)

Source: Ihyaauddeen.co.za

 

Hayaa in Dressing

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Tuesday, 18 August 2015 15:57

Hayaa

The mubaarak lifestyle of Rasulullah (sallallahu ‘alaihi wasallam) was an embodiment of hayaa (shame and modesty). From his ‘ibaadat to his eating, sleeping, interacting and even attending the call of nature, every action portrayed the highest levels of shame and modesty. In every dimension of his mubaarak life, he ensured that the desired degree of hayaa was never compromised. On one occasion Hazrat Asmaa (radhiyallahu ‘anha), the respected sister of Hazrat ‘Aaisha (radhiyallahu ‘anha), entered the home wearing a thin garment. Rasulullah (sallallahu ‘alaihi wasallam) disapproved of this type of clothing for the women of his Ummah and immediately corrected her. He explained to her that the entire body of a woman should be covered in a manner that together with the cloth being non-transparent, even the shape of the body should not be discernible. (Sunan Abi Dawood #4106)

Read more: Hayaa in Dressing

   

Inspirational Advice

Fight Fire with Fire

There was once a youth who went out in the search of knowledge. He packed his bags, bade his dear parents farewell, and began travelling far and wide. After a long period had passed, he eventually took a liking to a small village and chose to settle down there. The people of the village soon got to meet and interact with him and he made such an impression, that before long the entire town was abuzz with the news of the newcomer who had “proverbial piety” and “impeccable manners”. The acts of service he was ever-ready to render for one-and-all and his praiseworthy character were soon the talk of the town.

Now it so happened that in that very town there was a young teenage girl of exceptional beauty. With the entire town now fixated on only one topic – the pious youth, she found herself hearing so much about him that she was slowly attracted to the idea of this youngster and before long was yearning to see what he looked like. She therefore made it a point to stealthily glimpse at him whenever she got the chance. These glances, however fleeting they may have been, soon penetrated to the depths of her heart and she was now longing to meet him and speak to him. How she wished she could profess to him that the seed of his undying love had been planted in her heart and was growing day by day! The poor girl was so overcome by her infatuation that she began plotting ways to lure her beloved into a circumstance of her design whereby she’d finally get her wish.

Read more... Fight Fire with Fire  
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