Making a Trust from One’s Legacy |
Question:
I wish to establish a special trust for the benefit of my
children. I intend to make a will with the conditions that all the property
left over by me after my death shall not be sold or inherited but the rental
income from the properties be distributed between my sons and daughters in
the ratio of 2:1. According to this will, the daughters can benefit during
their lifetime only and the offspring of my sons will be the only
beneficiaries after my sons’ death. Finally in the event there are no more
heirs from the family, the whole property be given for public cause. Can
such a will be made? Is this proposal in accordance with the
Shari‘ah?
Please advise. Answer: According to the Islamic Shari‘ah the property of a deceased person has to be divided among certain relations which include parents and spouses as well. You have excluded them and also stopped the original benefit from going to your daughters for the Shari‘ah prescribes that they are given a certain share fully and permanently which cannot be limited to their life. You have also denied the full rights of your children. There are other complications as well which can hinder the desired results to surface. Someone has to own the property when you will not be there to own it. Some board or any person can later decide exactly the opposite of what you have set for them. You won’t be there to see that your will is implemented. Therefore, you should not make such a will. It is unjustified and against the Shari‘ah as well.
(Tariq Hashmi) |