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Frequently asked questions

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Is intestate succession applied to islamic law?

Will be wound up in line with SA law, if the family decide to do it as per Islamic law, we can do it via redistribution agreement but this could lead to tax implications if proper planning is not done

Can the Wassiyah Beneficiary be the same as Qur’anic Heirs if you want a Wife to benefit more?

No, this would provide an unfair advantage to one Heir over another and this goes against Islamic Law. Rather do this during your lifetime while you are alive but keep in mind that this can still create unfair disadvantage and be mindful of this.

Is a Will necessary?

A Will conveys your wishes, in a legally binding way, of how you want your Estate divided. Without a Will, you leave the decision of how to divide your Estate to the probate court of your Estate! It can be a lengthy,

How to ensure Estate is divided up according to Islamic law?

You should use the Capital Legacy Tazkiya™ service to draw up your Islamic Will to ensure it is not only compliant and legally binding but also that it does not contradict South Africa’s Estate law.

Bequest to compensate for missed prayers etc.?

A man came to the Prophet, may peace be upon him, and told him that his mother had died and she had missed fasting days. He asked the Prophet if he could fast for her.