Darul Uloom Trinidad & Tobago

Question:

Assalamualikum Respected Mufti Saab i got a house with land on it ,i do not have any children ,i am married living with wife ,i have brothers and sisters they all have children ,how shall my house goes according to Shariat,can i make will and will the house to my wife only as a gift while i am alive. Jazzackallaah

Answer:

Wa Alaikum As Salaam,

If, while you are alive you wish to give the house to your wife as a gift, then you can do so, however, she must be given possession of it while you are alive. This however, must not be done to deprive any of the inheritors from a share. If it is done so that your wife will have a residence/place to live in, after your death, then it will be allowed.

With respect to making a will for your wife by saying or writing that after your death she will get the house, then this “will” would not be accepted as valid. The reason is that as soon as a person dies, then his property/estate will be subjected to the laws of Islamic inheritance when it has not been distributed or given as a gift to anyone as yet. So, if you wish to give the house as a gift to your wife, but you have stipulated that this will occur only after your death, then this will not be considered as a gift. It will go into inheritance. For a gift to be valid, it must be given to the person, and possession of it must be gained while you are alive.

And Allah Knows Best.

Mufti Waseem Khan.

15/4/2014.