wakf and will (a question each)

Umm e Farwa · #1 Thursday, February 09, 2012

Can anyone clarify these two questions .
1- Wakf in favour of some members of family and excluding some other is valid or not ?

2-If i person commits suicide soon after making his /her will is it valid ?in sunni & Shia law ?

Umm e Farwa · #2 Saturday, February 11, 2012

Seniors please reply .....

Umm e Farwa · #3 Tuesday, February 14, 2012

no body replies here...

Ali Hassan kazmi · #4 Tuesday, February 14, 2012

Umma a farwa Dear one the answer of the 2nd question is obviously not valid in Islam weather it is in Shia or Sunni sect this attempt is not according to sheriya.
so It might consider to be Haram Even after writing his/her wil.

Wakf in favour of some members of family and excluding some other is valid or not ?

wakaf means to donate something most precious and valuable thing in the way of Allah...so it does not mean to give to some family member or others! they might use it but its not their property or they have no charge over it whatever is wakf.

very special 1 · #5 Tuesday, February 14, 2012

wakaf means for some poius purpose .........so for 1 indiviual it cant be .........but suppose u wakkaf some property for masjid and ur son is working as imam in it it is valid........but it is wakaf for masjid not for ur son..........similarly if you devote some amount for that masjid it is for masjid not for son it is valid
if he comit sucide than it become invalid .........because 1 imp essantial for will..... sound mind is no more so now it become invalid
i hope u get the point

regards

micho · #6 Tuesday, February 14, 2012

Quote:

Originally Posted by Umm e Farwa

Can anyone clarify these two questions .
1- Wakf in favour of some members of family and excluding some other is valid or not ?
Wakaf is for a pious religious purpose. but according to hanfi law the wakif can reserve (even the whole)for the life interest. yes it can be made to any one in the family members. (reference mullah's law page 249,250)

2-If i person commits suicide soon after making his /her will is it valid ?in sunni & Shia law ?

under sunni law it is valid
under shia law it is not valid
(reference mullah's law page 144 under section shia law suicide)

i hope it might help

micho · #7 Tuesday, February 14, 2012

the above was answer of question 2

answer of 1 is

Wakaf is for a pious religious purpose. but according to hanfi law the wakif can reserve (even the whole)for the life interest. yes it can be made to any one in the family members. (reference mullah's law page 249,250)

i hope it might help

Umm e Farwa · #8 Wednesday, February 15, 2012

Thank you all for replying .

@ Micho ..The Wakf to some members of the family excluding others is valid .hmm. i read the mentioned references before but i am still confused because both statements are written there . At one place it says its valid and the other place it says its invalid .Which one to accept ?

Same ...is the case with the question regarding will .
Page 144 it says its not valid in shia law . but the reference case have contradictory decision ..

need your word about it.
Regards

very special 1 · #9 Wednesday, February 15, 2012

Quote:

Originally Posted by micho

the above was answer of question 2

answer of 1 is

Wakaf is for a pious religious purpose. but according to hanfi law the wakif can reserve (even the whole)for the life interest. yes it can be made to any one in the family members. (reference mullah's law page 249,250)

i hope it might help

in that above statement of farwwa ........that amount of intrest he can use for his life. the property he given as wakkaf........ after that his son is not using that property....... so that wakkaf is not valid
when any amount given to the family it is conditional gift

so that is not wakkaf and thats not valid

about will micho is right yes it is invalid in shai law and valid in sunni law
regards

micho · #10 Friday, February 17, 2012

Quote:

Originally Posted by Umm e Farwa

Thank you all for replying .

@ Micho ..The Wakf to some members of the family excluding others is valid .hmm. i read the mentioned references before but i am still confused because both statements are written there . At one place it says its valid and the other place it says its invalid .Which one to accept ?

Same ...is the case with the question regarding will .
Page 144 it says its not valid in shia law . but the reference case have contradictory decision ..

need your word about it.
Regards

dear umm e farwa
regarding your question 1, about the contradiction. it is clearly mentioned that the case was wrongly decided. and later cases have dissented from it.
so my point is true.

regarding question 2,
shia law states that the will made by a person after he has taken poison or any act of suicide is not valid. The point of focus here is "after ". i hope you understand now.

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