Status of voluntary charity on behalf of the deceased
| Fatwa #2230 | Category: Inheritance | Country: Zambia | Date: 4th March 2026 |
| Fatwa #2230 | Date: 4th March 2026 |
| Category: Inheritance | |
| Country: Zambia | |
Question
السلام عليكم ورحمة الله وبركاته
Respected Mufti Sahib,
I hope this message finds you in the best of health and iman.
I would like to seek guidance regarding the Sharee position of a particular situation related to inheritance and charitable use of wealth.
If a deceased person did not leave any wasiyyah (bequest), but after his demise the inheritors, of their own free will and as a goodwill gesture, mutually agree to set aside a portion of the inherited wealth (for example, 10%) for welfare or charitable work intended to benefit the Muslim community:
1. What is the Sharee status of this 10% portion of wealth?
2. Does this wealth take the ruling of waqf, or does it remain the personal property of the inheritors until actually spent?
3. If the inheritors decide to invest this amount temporarily before utilizing it for welfare purposes, is such investment permissible, considering that investment involves the possibility of both profit and loss?
4. In the case of investing this amount, is it necessary to maintain exact and detailed financial records, or is there any scope for leniency in record-keeping? Because the business where that 10% is being proposed to be invested, past experiences show that the exact and accurate records are not maintained.
5. All the heirs who have pledged are consenting adults who are aware of the businesses position as mentioned in point 4.
I would be grateful for your guidance on these matters.
جزاكم الله خيرًا
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In the enquired situation,
- The wealth belongs proportionally in partnership to the heirs who have put it collectively
- It remains the personal property of the heirs until spent
- It is permissible
- Meticulous record keeping is supposed to be the mainstay of every Muslim business. The same will be applicable here. The main reason it is required is that it allows for easy allocation of profits or losses when the time comes to settle accounts
And Allah Ta’āla Knows Best
Mufti Bilal Pandor
Concurred by
Mufti Muhammad Patel
Darul Iftaa Mahmudiyyah
Lusaka, Zambia