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What Happens If Upon One’s Passing There Are No Muslim heirs Alive at that Time?


“In the event of there being no Muslim heirs alive the Estate will first be channelled to someone who the deceased bequeathed all his/her wealth to (Mūsā Lahū bi Jamī’ al-Māl). If no one has been appointed as such then reference would normally be made to the Bayt al-Māl (Islamic Treasury). As there is no such institution available today in South Africa, some scholars are of the view that any aid/charity organization who do work for the general poor and needy will be a valid recipient in the absence of a proper Bayt al-Māl.
A Wasiyyah for a non-Muslim is accepted and valid, just like Hibah (a gift).
Tazkiya recommends that this person should have a normal Islamic Will and, in the bequest section, consider bequeathing their entire Estate to non-heirs. However, if things change before their passing, for example gets married, etc. (ie which creates one or more Qu’ranic heirs), then this means as the normal Islamic Will would be effective that such heirs would receive their due inheritances.”