Question Summary:
Is Tāweez (Amulet) permissible?

Question Detail:

I am very confused; please answer my query with the Hanafi School of thought. I know all sorts of Tāweez (amulet) and magic is Harām. However, if we want to do Rohāni Ilāj with Tāweez, is it permissible?

I know a person who does Ilāj of problems, Amaliyāt with Tāweez which is not Shirkiya or Kufriya Tāweez, is it permissible?
I also have a question of inheritance. We are 6 brothers and 2 sisters, how will we divide the jewellery of my mother amongst ourselves and our father?

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Your understanding that all types of Tāweez (amulets) are Harām is incorrect. Hereunder is the correct understanding of Tāweez as written by Mufti Ebrahim Desai Sahib available on the following link: http://askimam.org/fatwa/fatwa.php?askid=835d2591c5e5947d83c38e62086efdd2
Hereunder we reproduce the Fatwā for purpose of easy reference.
Treating oneself with Tāweez containing verses of the Qurān is similar to treating oneself with medication. By using medication, one merely places his trust in Allāh Ta῾āla and uses the medication as a means of cure. The effect in the means is with the Will and might of Allāh Ta῾āla, so too is the usage of the Tāweez.
The art of making Tāweez is a science independent to other known sciences. People who have studied this science are most knowledgeable to explain its vast understanding. One thing must be outlined at the outset is that anyone practicing the making of Tāweez cannot ascribe (in his method and application) partners with Allāh Ta῾āla. Any act of Kufr is unacceptable in Islam.
The people during the time of Jāhiliyya (ignorance) had an incorrect belief that the stars and planets cause rainfall, but the Prophet Sallallāhu Álayhi Wasallam dismissed that. The drawings and illustrations used in Tāweez are like the concepts used in geometry, etc. to arrive at a solution.
Abu Khuzaymah Radhiallāhu Anhu narrates from his father that he asked Rasulullah Sallallāhu Álayhi Wasallam ‘Inform me about Rukiyā (blowing in water and Tāweez), medication, and means of security, does it change Taqdeer (predestination)? He replied, ‘they (all the above) are within Taqdeer’.[1]
It is clear from the above that only Tāweezes containing words of Kufr and Shirk are Harām.
If by Rohāni Ilāj you mean restlessness and uneasiness you may have yourself checked up by an aamil who may prescribe Tāweez for you.
Regarding your second query, according to the Islamic law of Inheritance, first the expenses of the burial will be deducted from the estate and then the debts will be settled. From the wealth that remains, if the deceased had bequeathed any wealth to someone (other than those who inherit), it will be accepted from ⅓ of the estate. Thereafter, the remainder estate will be distributed amongst the inheritors in according to the explanation mentioned below.
 
We have been advised that the deceased was survived by the following relatives:
Husband               6 Sons                   2 Daughters
 
As per the information provided in the query and on condition that the deceased was not succeeded by any other heirs besides the ones mentioned in the query, the estate of the deceased will be divided into 56 shares and distributed amongst the heirs as follows:
 
The distribution the estate will be as follows:
Husband:                                  14/56          25%                                        
Each Son:                                 6/56            10.7%
Each Daughter:                        3/56            5.3% 
 
And Allah Ta’āla Knows Best
Mufti Zaid M Shelia,
Student Darul Iftaa
Chicago, Illinois (USA)
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net