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Bonds and loans and inheritance

Fatwaa ID: 1682

Question:
Assalamualeikum
Many people have bonds or cars that money is still owed to. How would Islamic inheritance work on assets that still need to be paid off?  
جزاك الله خيرا

Clarification: Eg. A person took out a bond to purchase a house for R2 000 000. After paying R1 000 000 he passed away.

  1. What would be the best way to go about calculating the estate as half the property has been paid off and the other half not paid.
  2. Would the unpaid R1m be part of the debt of the deceased?

I hope I have explained it more clear inshaALLAH

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We understand that the term bond in your terminology refers to a loan. In the above cases, the “bonds” and the owed amounts for financing will be regarded as debts. The estate will first pay off the remaining amounts for these items. The items will then form part of the estate and then distributed appropriately amongst the rightful heirs.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

02/08/1445 AH – 08/25/2023 CE | AMG1-3383

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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