What is the ruling on failing to fulfill a deceased person’s wishes regarding a charitable act? My father stated before his death that he wanted a mosque to be built on a plot of land he owns. However, someone else built a large mosque adjoining the land. The rest of the heirs and I wish to establish a Quran memorization and adult literacy center instead.  Is it permissible for us to go against my father’s wishes?

A person’s statement during his lifetime that he wishes to build a mosque on a plot of land he owns is not considered a binding bequest, but an expression of his desire to do so. A mere wish, in itself, does not have any legal effect under Islamic law, as it does not create an obligation. There is a difference between wishing for something and taking legal action that transfers ownership to someone else. The consequences of an act arise only when it fulfills the essential elements and conditions of validity prescribed by Islamic law, not from a mere wish that has not taken the form of a legally operative act. 

 

The ruling

Fulfilling a deceased person’s wish, expressed during his lifetime, is a form of filial piety, a way of maintaining family ties, and an ongoing charity from which he continues to benefit after his death. However, such a wish is not considered a bequest that the heirs are required to carry out. If none of the heirs is a minor, they may use the land for any charitable purpose they choose. It is preferable, however, to use it for the cause that would benefit Muslims the most and bring the greatest reward to the deceased. The project mentioned in the question is one such cause. However, if any of the heirs is a minor, it is not permissible to use any part of that minor’s inheritance for this purpose until the minor reaches the age of legal maturity and acquires full legal capacity to manage and dispose of property.

And Allah Almighty knows best.