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Inheritance in Islam |
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INHERITANCE IN ISLAM (Continued from Vol. 1, No. 3) 4) It is preferable that the testator seeks the consent of the people he wishes to nominate in his Will as executors. However, if at the time of nominating them they were not present or were not informed of their nomination, the nomination is valid if they agree to it upon being informed. If at the time of being informed of their nomination they decline to act as executors, their nomination is not valid. This means that once they refuse to be named as executors in the Will, they are not allowed to act in the property of the testator at all. It is important to note that acceptance of the appointment must be made verbally. Maintaining silence upon hearing of the appointment is not enough. In such a case the nominee may refuse to act as an executor and no one can force him into the matter. If one was appointed as an executor and agreed to this appointment, but rejects it after the death of the deceased, such rejection is not acceptable. Rejection after death does not absolve the executor from his duties. He is compelled to act as an executor. Rejection made immediately upon learning of the appointment or nomination is valid and accepted, but not the refusal made after the testator has die. WORDS OF WORTH
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