1

Chapter

Preparing for Death

?? ??? ?? ?? ?? ????? ??? ?? ?? ?? ?????? ??? ?? ????????? ???

?? ??????: : ?? ?????? ? ???? ? ????? ???? ????? ? ? ?????? ? ?? ?

??? ???? ?? ? ????? ?????? ? ???? ? ????? ???? ????? ? ? ?????? ?

?? ? ??? ???? ?? ? ???? ? ? ?. .

The Messenger of Allah (peace be upon him and

his family) was once asked, “Who is the most clever

from amongst the believers?” He replied, “The per-

son who remembers death more than others, and the

one who has remembers death more than others,

and the one who has prepared himself for it (more

than others).

???? ?????? ????? Q ???? ? ?? ?? ?? ????? ????? ?????? ????? Q

???? ? ?? ?? ?? ????? ?) ???? ????? ?????????? ????? ?????? ( ( : :

???? Q ? ??????? ??? ? ? ??????? ?????? ?? ?? ? ?? ? ???? ??? ???

?????????? Q ? ??????? ??? ? ? ??????? ?????? ?? ?? ? ?? ? ????

??? ??? ??????? ????? ?? ???? ??? ? ? ?????? ??? ??? ? ?? ??

??????????????? ????? ?? ???? ??? ? ? ?????? ??? ??? ? ?? ??

??????????????????? ??? ? ?? ????? ?????? ??? ? ?? ????? ?. .

Someone once asked the Commander of the Faith-

ful (peace be upon him), “What is the best way to

prepare for death?” He (peace be upon him) said, “One

should fulfill the obligatory acts, abstain from the forbid-

den, and exhibit exalted obligatory acts, abstain from the

forbidden, and exhibit exaltedmorals. At that point, one

should not be concerned whether he morals. At that

2

point, one should not be concerned whether he falls

upon death or death falls upon him.

3

How to Prepare for Death 1. Certain things obligatory upon the person person person person person person person himself himself himself himself himself himself himself who is dying; 2. Certain things obligatory upon the people people people people people people people around the one around the one around the one around the one around the one around the one around the one who is about to die.

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The Dying Believer 1. Asking

Allah

for

forgiveness

for

sins

and

for

His mercy.

2. Noting down in writing any property or trusts which he has which belong to others – including loans.

3. Writing down any obligatory Islamic actions which have not been performed – Salat, Fasting, Khums, Zakat, (obligatory) Hajj, etc…

5

Those around the Dying Believer 1. Dying person MUST be laid on his/her back with the soles of the feet facing Qiblah.

2. Shahadatain and acknowledgement of the 12 Imams and the other tenets of the faith should be recited.

3.

Recommended

supplications

to

read

to

the

dying believer.

4. It is recommended to move a person who is experien-cing a painfully slow death to the place where he used to offer prayers, if it does not cause him too much discomfort.

5. For a person who is in the agony of death, it is recommended to recite the following: Surah Ya Sin (36), Surah as-Saffat (37), Surah al-Ahzab (33), Ayatal-Kursi, the 54thverse of Surah al-A’raf and the last three verses of Surah al-Baqarah

– and as much of the Holy Qur’an as possible.

More information on:

• Detailed rites of the dying believer…

• Rules to be followed after death…

•Rules of the Washing of the Body (Ghusl), Shroud (Kafan), Prayers over the deceased (Salatul Mayyit) and Burial (Dafan)…

• Responsibilities

of

the

surviving

believers

towards

the deceased…

• The Islamic etiquette in consoling the grieving family 6

2

Chapter

The “Islamic” Will

?? ??? ??? ?? ?????? ?? ??? ??? ?? ??????? ?? ??? ??????…

??????? ??‰???????? ??Š? ??? ??????????????? ?? ?? ???

??????… ??????? ??‰???????? ??Š? ??? ??????????????? ????

????? ??

“Prescribed for you, when death approaches any of you

Prescribed for you, when death approaches any of you-

and he leaves behind any property, is that he make

a and he leaves behind any property, is that he

make abequest for his parents and relatives, in an

honorable bequest for his parents and relatives, in

an honorable manner, —an obligation on the God-wary.

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What is the Relationship Between a Person and his Material Possessions After his Death?

1. He has full discretion full discretion full discretion full discretion full discretion (before death) to do with it as he sees fit;

2. He has partial discretion partial discretion partial discretion partial discretion partial discretion (before death) to do with it as he sees fit;

3. He has absolutely no control absolutely no control absolutely no control absolutely no control absolutely no control over his possessions.

Partial discretion means:

Partial discretion means: Partial discretion means:

• A fixed percentage (1/3) of wealth can be kept for one’s own specific uses.

• The remainder of estate must be divided between heirs according to the stipulated limits in the Shari’ah.

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Why Write a Will?

If we die without a valid will – termed an , your assets will be distributed in accordance with the laws of your province and divided as THE COURTS see fit.

Those who have a right over us will lose their right lose their right - making us transgressors over them!

???? ? ? ?? ?? ? ??? ??? ?? ?? ????????????? ? ? ?? ?? ? ??? ???

?? ?? ????????????? ? ???? ?? ?????? ? ????? ???? ???? ? ???? ??

?????? ? ????? ????. .

Imam ‘Ali (peace be upon him) said, “The reward

of a person who writes a will in which there is no op-

pression or person who writes a will in which there is no

oppression or injustice and no one is put in a disadvant-

age or loss is just injustice and no one is put in a disad-

vantage or loss is just as a person who spent all of his

wealth (in the way of Allah as a person who spent all of

his wealth (in the way of Allah ) during his life.

A Will is written to direct that after one’ ’ s death: 1. A certain task should be completed.

2. A portion of his property is to be given in ownership to A portion of his property is to be given in ownership to someone.

3. The

ownership

of

his

property

be

transferred

to someone else.

4. His wealth be spent for charitable purposes.

5. He appoints someone as a guardian for his children and He appoints someone as a guardian for his children and dependants.

In order to die and to remain on the path ofIslam and as a follower of the 12th Imam, weneed to ensure that even after death, we arestill following the rules and dictates of Islam.

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?? ?? ?? ??? ?? ? ??? ??? ??? ? ??? ? ??????? ? ? ?? ? ?????????

?? ?? ??? ?? ? ??? ??? ??? ? ??? ? ??????? ? ? ?? ? ???????“

The person who dies without a will dies the death of

The person who dies without a will dies the death ofthe

period of decadence (Jahiliyyah).

???? ?? ?? ? ? ?? ?? ?? ??? ?????? ? ????? ?? ? ?? ? ?

????????????? ?? ?? ? ? ?? ?? ?? ??? ?????? ? ???? ? ?? ? ?? ? ?

?????????

“It is not advisable that a person goes to sleep except

It is not advisable that a person goes to sleep ex-

cept with his will under his head.”

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Specific Issues of the Will 1.

Personal

Bank

Accounts - in

Western

law,

with

the death

of

a

spouse,

bank

accounts

normally

transfer over to the other spouse. This is not correct in Islamic law.

• In Islam, this money must be included in the estate total.

• Best for husband & wife to maintain separate accounts 2. Joint Bank Accounts - in Western law, with the death of a spouse, bank accounts normally transfer over to of a spouse, bank accounts normally transfer over tothe other spouse. This is not correct in Islamic Laws.

• In Islam, this money must be divided 50/50 and half of it must be included in the estate total.

3. Investments: Investments: Things such as RRSPs, GICs, Mutual Funds,

Life-Insurance

Policies,

etc… must

ALL

be totaled and added to the total estate value before any expenses or inheritance is given out.

4. House - Normally in the name of the couple. If one spouse dies, the other inherits the entire property -

again, not allowed in Islamic law.

• In Islam, 50% of the value of the house is the surviving spouses while the other 50% is the property surviving spouses while the other 50% is the property of the deceased which must be added to the estate.

•Other specifics related to property – please see ‘Writing in Islamic Will’ by Sayyid Muhammad Rizvi for more details 11

Appointing an Executor/Executrix 1. The executor/executrix will ensure that the provisions and wishes in your will are carried out as fully as possible.

2. They will be responsible for ensuing your will is followed to the letter – as long as it does not contravene Islamic law or the laws of the country.

Therefore, it is important to appoint someone whom you are sure has the spiritual capacity to carry out such an important task

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Who Inherits?

There are three degrees to inheritance which must beworked There are three degrees to inheritance which must be worked out in order. Spouse is not in this list as the Muslim spouse Muslim spouse utomatically inherits auto-matically inherits and NO ONE can prevent them from this right.

1. Your Muslim parents and Muslim children 2. Your Muslim grandparents and your Muslim siblings 3. Muslim Paternal and Maternal Uncles and Aunts.

If a person exists in the 1st roup, no one from the sub-sequent group, can inherit

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Important Issues to Keep in Mind 1. A person entire summation of wealth and other assets are sentire summation of wealth and other assets are referred to as the “Estate

1. 50% of a joint bank account; 2. 50% of the value of a house

3. All personall income – including stock, bonds, GICs, etc…

4. Material possessions which are of any tangible value.

2. Before the “Estate” can be divided into its portions, any physical items which belonged SOLELY to the de-ceasedand may have a ‘cash value’ must be given a value and that total must be included in the estate.

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Important Issues to Keep in Mind 1. Before ANYTHING can be distributed amongst the heirs, following must be paid:

• ANY and ALL outstanding debts – legal as well as religious:

• Khum , Zakat , Kaffaarah , Wajib Hajj, etc

• Obligatory portion of the funeral expenses.

2. The One-Third (if willed) must be taken out of the estate after the above amounts are used.

• Missed

prayers

and

fasting

to

be

taken

from

this amount.

1. It is obligatory upon the eldest son to make up the prayers which his father missed - provided that the father did not leave them as a deliberate act of transgression.

2. If the son can not perform them, then he may hire someone else to perform them.

3. The missed prayers of the eldest son’s mother are not obligatory upon him, though it is better if he performs them.4. If a dying person makes a will that someone should be hired to offer his missed prayers, and that hired person performs them correctly, then the eldest son will be freed from his obligation.

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Practical Examples

Example 1:

Husband dies leaving

$120,000.00 – one wife,one son and one daughter and one daughter –

has written a will his 1/3

right of usage.

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Why the Wife get so less?

1. The husband is responsible to provide for his wife during his The husband is responsible to provide for his wife during his lifetime – thus, any income or wealth she has is HER property. She can keep this and demand that HE provide her property. She can keep this and demand that HE provide her needs.

2. The woman can remarry in whichcase, her new husband is responsible to provide for her andher needs; 3. If she can not remarry and has grown-up children, they are religiously responsible for her maintenance.

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Other Inheritor 1. Daughter would be provided for by her husband – or if she is still a minor, then her brother or other family member.

2. The son has his own family to take care of – including, if applicable, his mother, sister(s), etc…

Therefore, if the deceased wants MORE to go to a specific family member, he has the 1/3 of his estate which he can family member, he has the 1/3 of his estate which he can give to those members.

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Practical Example

Example 2:

Husband dies leaving $120,000.00 – one wife, one son and one daughter has NOT written a will with his 1/3 right of usage.

Example 3:

Wife dies leaving $120,000.00 – husband, one son and one daughter has written awill with her 1/3 right of usage.

Example 4:

Wife dies leaving $120,000.00 – husband, one son and one daughter has written a will with her 1/3 right of usage.

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The Islamic Will – Legal Implications 1. We should know that in Canada, inheritance to the spouse is NOT TAXED, but if children and others inherit, there IS

A TAX associated with this.

• Best to consult your lawyer or local tax office for more de-tailson these rules.

2. There are “ways” around such issues…

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3

Chapter

Being Buried in an “Islamic” Cemeter 1. Of utmost importance to be buried in a Muslim cemetery for ALL Muslims – it is actually forbidden to be buried in a ‘non-Muslim’ cemetery – a grave yard in which you are surrounded by non-Muslims.

2. Must

make

every

effort

to

either

establish

our

own separate cemeteries or at least have a ‘separate section’

in the graveyard for our own deceased.

3. Islamic Rule: It is not permitted to bury a Muslim in the graveyard of the non-Muslims, nor is it permissible to bury a non-Muslim in the graveyard of the Muslims.

Although some people may have reservations with becoming a “member” of a particular center, we need to realize that “membership has its privileges.

”Being a member’ entitles us to a Muslim burial: entitles us to a Muslim burial:

1. It should be known that it is forbidden to deny ANY Muslim an Islamic burial - regardless if he/she is a member or not.

2. We should realize that it is expensive to bury a person and being a member helps to offset these costs - purchase of replacement burial plots and other expenses.

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Best to ‘look around’ for which community in your area has

‘burial services’ and to become a “paying member” of that community.

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4

Chapter

Non-Muslim Family Member

1. LAST RITES, ETC

• Explaining to family members certain aspects of life and death in Islam will help ease the tension of having a

‘scene’ at the time of the funeral.

• A correctly written and witnessed will WITH an executor helps to ensure that family members who are non-Muslims will respect our final rites and that they are carried out according to the Islamic laws by a scholar from the Community.

2. INHERITANCE:

• The general principle in Islam is that a Non-Muslim can not inherit from a Muslim. In such cases, the ‘divi-sions’ do not apply, but if wanted, a person can use his 1/3 to his non Muslim family members.

3. CUSTODY:

• Laws may differ by province, however children can not be “inherited” or given to just anyone based on religion, creed, etc

And all praise belongs solely to Allah, the Lord of the Worlds…

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"Wisdom is the lost property of the Believer, let him claim it wherever he finds it"

Imam Ali (as)

Document Outline

- Chapter 1

- How to Prepare for Death

- The Dying Believer

- Those around the Dying Believer

- Chapter 2

- What is the Relationship Between a Person and his Material Possessions After his Death?

- Why Write a Will?

- Specific Issues of the Will

- Appointing an Executor/Executrix

- Who Inherits?

- Important Issues to Keep in Mind

- Important Issues to Keep in Mind

- Practical Examples

- Why the Wife get so less?

- Other Inheritor

- Practical Example

- The Islamic Will – Legal Implications

- Chapter 3

- Chapter 4

Table of Contents

Chapter 1

How to Prepare for Death

The Dying Believer

Those around the Dying Believer

Chapter 2

What is the Relationship Between a Person and his Material Possessions After his Death?

Why Write a Will?

Specific Issues of the Will

Appointing an Executor/Executrix

Who Inherits?

Important Issues to Keep in Mind

Important Issues to Keep in Mind

Practical Examples

Why the Wife get so less?

Other Inheritor

Practical Example

The Islamic Will – Legal Implications

Chapter 3

Chapter 4