Question: What do the Ulama have to say regarding the following act? This is common practice amongst the Muslims today. Are we forced to abide by this act or not? The common excuse is to protect the wife from the children abandoning their mother.
One of the most significant aspects of the new marriage act is the. “Accrual system”. This simply means the equal distribution on dissolution of the marriage of the assets accrued by the spouses during their marriage.
It is essential to understand that:
Islamic Wills drawn up by couples married under ANC excluding the option of accrual from November 1st 1984 onwards, are valid in the law of the land.
Important: If the system of accrual is not specifically excluded, it will be automatically included under ANC. An Islamic Testament will then be invalid.
Answer: Remember that the nikah certificate is a valid document of marriage, recognised by the law of the land. There is absolutely no need for the Allah fearing Muslim to get married in court. In Allah’s law, equal distribution is decided by Allah. One looses his Iemaan if he feels that the Divine law is unfair.
WHAT TO DO IF THE WILL IS UN-ISLAMIC
When a man has left a will which contravenes the Shariah, the heirs should understand that they are accountable to Allah Ta’ala for any usurpation of the rights of the other heirs who have been wronged by the mayyit. It devolves on them as an incumbent duty to rectify the injustice directed in the will. The heirs should fear Allah Ta’ala and understand that according to the Qur’an Majeed they will be devouring haraarn and consuming fire if they rob and defraud any heir of his/her rightful share. There is no difference between a robber/thief and. one who robs the heirs of their proper Shar’i shares، In fact, the latter is worse in that he transgresses in his final worldly act before meeting Allah Ta’ala. Rasulullah (؛Sallallahu alayhi wassallam) said:
‘Actions will (be judged) with the end (i.e. final deed),’
When life closes with flagrant transgression, the destination is only Jahannam. The Qur’an Maieed is categoric in this assertion;
“Allah will cast him into the Fire; for ever will he dwell therein, and for him will be a disgraceful punishment.”
The law of the land of the kuffar requires the distribution of the deceased’s estate according to the directive of the testator. Notwithstanding this unlawful directive and demand of the kuffar law, there is no way, in which the haraam distribution could be enforced on heirs who opt to submit to the Law of Allah Ta’ala. Among themselves they should arrange the distribution of the estate in terms of the Islamic laws of inheritance, while signing the fictitious documents required by the non-Muslim authorities.