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Frequently asked questions

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How to ensure Estate is divided according to Islamic law

In South Africa, you could use the Capital Legacy Tazkiya™ service to draw up your Islamic Will to ensure that it is Shari’ah compliant, legally binding and does not contradict South African law.

Using bequests for missed religious liability?

Religious obligations should be performed while alive but if, and when, they have not been performed at the time of death, this can be provided for in the Will.

How much can I bequeath?

The sum of all bequests may not exceed one-third (1/3) of the Estate. One-third of the Estate was the maximum allocation allowed by the Prophet, may peace be upon him.

What is a bequest?

A bequest (known as a Wassiyah) is a gift made to an individual who does not qualify as an heir in terms of the Islamic Law of Inheritance.

What about relatives not listed?

In circumstances where distant relatives do not inherit according to Islamic law, they may be allocated a bequest in an Islamic Will, provided that the sum of all bequests cannot exceed one-third of the Estate. Alternatively, they can be nominated as Beneficiaries of the MyCover™ extender on the Tazkiya™ Family Takaful.