With the new 2019 fatwa, under
joint tenancy contract, your interest in the property would automatically pass
to the surviving joint owner (such as your spouse) after your passing. It is no
longer considered as part of your estate.
If you wish for your share to be
distributed according to faraid, you can opt for tenancy-in-common
contract where each co-owner holds a separate and distinct share in the
property. Upon death, the share will form as part of the estate and be
My spouse died last year, should the previous fatwa or the new fatwa apply?
The 2019 Fatwa only applies if
the property has not been sold and distributed.
As the surviving owner you have
100% interest in the property and the property is not subject to faraid
The Fatwa Committee would like
to remind members of the public of the following:
Which is religiously better? Joint Tenancy contract or the Tenancy-in-Common contract?
If the co-owner is your spouse,
joint tenancy is the better option to safeguard the interest of your family in
the event of your passing. It is our religious responsibility to ensure that
our dependants are financially stable and not to be put in a predicament of
financial distress and uncertainty after our passing.
There are however other possible
scenarios that may cause for tenancy-in-common contract to be more just and
The 2019 Fatwa recognises the
joint tenancy contract as a religiously valid contract.