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Fatwa #147746 December 2006South Africa

I had a burglary at home recently and had some money.....

Question

1. ihad a burglary at home recently - and had some money , cell phones, jewelry and lap top computer stolen - I have been told that i can write the total value that was stolen against  interest money, as it is very unlikely that any of this will be recovered.

 2. I am married with no children - and have a younger brother and a younger sister, who are both married, and have kids  and are living on their own. When our parents passed on,  my brother and sister gave their share of the house to me, so i now own the house.

I am not married in Community of Property - pls advise how do i make my will out, with regards to the house.

Answer

1. It is not permissible to offset the stolen items against interest money. Interest is Haraam for you and you have to dispose of it to the poor and needy. The stolen items belong to you and are Haraam for the thieves. You cannot offset Haraam against Halaal.

2. The community of property marriage contract is un-Islamic. You may obtain a standard Islamic will and fill that up. It is designed to distribute ones wealth according to the Shariah Laws of Inheritance and Succession.

And Allah Knows Best

Mufti Ebrahim Desai

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