Will left by his father and family member who practices magic
12-7-2005 | IslamWeb
Question:
I have two questions that I would like to get your opinion on.
1) My father has just passed away, he was a man who dedicated his life to educating me and my brothers, and put a great value on education because he was not blessed with it at his youth. During his life he has prescribed an oral will to my mom, this will is to secure an amount of 40,000 USD for my wedding when I get married. I decided to do a "Sadaqah" with this money and invest this amount. The amount is to be invested as an endowment dedicated to granting financial support (scholarships) to poor young students who are entering college. My question is, can I use this "40,000 USD" as a Sadaqah Jaariya for my father? Also, can I invest this amount say for example in the stock market to general profits to help increase this fund? And can I add my money into this endowment, or if it is Sadaqah Jaariya for him, it has to be from his money only?
2) There is a member of my extended family that has been seriously involved in black magic. She continues to harm all the family for reasons only God knows. After my father's death, I found a piece of Hijaab in his room, which I took to Shaykh who heals through the Quran. He opened it and read that this was to harm my father and kill him. I asked him if he could tell me who did it, and he mentioned my cousin's name, keep in mind he does not know her and never met her. I know that everything that happens to us is dedicated by Allaah. Thank God, I'm Moumina, I am dedicated to God. However, how can one stop this woman from continuing to harm people? What is my responsibility as a Muslim, to correct her and stop her?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
As for your first question, if the reality is as you mentioned in the question, that the amount is granted as a will, then this will is not valid because you are an heir and allotting something for the inheritor as a will is not allowed, for the saying of the Prophet : “There is no will for an inheritor.” [Abu Daawood]
Therefore, you do not deserve this amount and you are not permitted to give it in charity except with the permission of all other inheritors. If they permit you, then it is permissible for you to act freely in that amount and you may spend it in any lawful matter. You may spend it in charity (with a continuous effect), or use it in stocks provided they are lawful.
You may even add part of your own money to this money and make it as endowment. However, if the inheritors do not permit you to take the money, then you cannot take it and you should put it back to the inheritance to be distributed among all other heirs.
As for your second question, if it is proved that that woman is really involved in magic, then you have to exhort her, advise her, and remind her of Allaah and the gravity of this act. Tell her that most scholars are of the opinion that a magician is an apostate and is out of the fold of Islam, and thus, he/she should be killed. It is more likely for her to take heed if scholars or noble people advise her, so it would be better to leave the task of advising her to them. If she does not give up such practice, then you have to abandon her, as this might deter her.
As for blaming her for causing the death of your father by magic, then this should not be claimed unless there is clear evidence. You should ignore the man's claim that she caused the death of your father unless there is a sound proof. He might assume so based only on some suspicions or on information of devils or something which does not stand as proof that is accepted in Islam, especially when the matter is related to the accusation of a Muslim killing another Muslim.
Allaah Knows best.