🌍 Children, inheritance & global · #62
The deceased owned property abroad. Is it divided by faraid or by that country's law?
Religiously, Muslim heirs must divide the estate according to faraid; legally, immovable property is usually subject to the law of the country where it is located, so the process must follow that system.
Allah calls the faraid shares limits that must not be transgressed (an-Nisa' 4:13–14). In many Western countries, without a valid will made there, property is divided by local rules that differ from faraid. So Muslims who own property or live abroad are encouraged to make a will that is valid in that country and consistent with faraid. If property has already passed under local law, the heirs may voluntarily rearrange the division among themselves to match faraid. Get lawyers in both countries. See the question on wills in Western countries.
Allah calls the faraid shares limits that must not be transgressed (an-Nisa' 4:13–14). In many Western countries, without a valid will made there, property is divided by local rules that differ from faraid. So Muslims who own property or live abroad are encouraged to make a will that is valid in that country and consistent with faraid. If property has already passed under local law, the heirs may voluntarily rearrange the division among themselves to match faraid. Get lawyers in both countries. See the question on wills in Western countries.
Sources
Surah an-Nisa' 4:13Surah an-Nisa' 4:11Sahih al-Bukhari 2738