What should be done with an unislamic will?

Question ID: 23385

As Salaamu Alaykum

Mufti, I am currently a practicing attorney and have the following concerns which I would appreciate if you would advise me on:-

1.I am often instructed to wind-up deceased estates for muslim clients. What should I do when the deceased passed away with an unislamic Will? Should I continue to administer the estate bearing in mind that the distribution will be against the rulings of Islam?

2.If the family of the deceased informs me that I must wind-up the estate unislamically but they will see to it that on completion of my mandate they will distribute it according to the islamic rulings, would it be permissible for me to do this?

3.If the deceased is a non-muslim is it sinful on me to wind-up his estate in terms of an unislamic Will
4. Am I allowed to draw an unislamic Will for a muslim client even after advising him that what he is doing is against our teachings?

5.Am I allowed to draw an unislamic Will for a non-muslim Client
6.As a Conveyancer, am I allowed to register bonds? I have been told that I can only I must not sign the bond and get my non-muslim secretary to do so? Is this correct?

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Asked on June 6, 2010 12:00 am
Private answer

1) Should not be involved in an un-Islaamic activity
2) Get this in writing, then you are exonerated.
3) Yes
4) No
5) Yes
6) Do not do this.

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