عربي
05 Jamadi al-Awwal 1444  ,  29 November 2022

Iftaa` Department and the ... Date Added: 25-10-2022

Achievements of Iftaa` ... Date Added: 23-10-2022

Fatwa is Accepted only from ... Date Added: 19-10-2022

It isn`t Permissible to ... Date Added: 18-10-2022

If a Man Fights or Abuses ... Date Added: 02-11-2022

The Prophet`s Birth ... Date Added: 02-11-2022

Scary Questions about ... Date Added: 01-11-2022

*Fatwa and Sustainable ... Date Added: 31-10-2022

Search Fatawaa


Subject : A Bequest that Violates the Rules of Sharia mustn't be Executed

Fatwa Number : 1978

Date : 28-12-2011

Classified : "Wills and Obligations"in Inheritance

Fatwa Type : Search Fatawaa


Question :

Before passing away, my father bequeathed dividing his estate among his heirs equally including his dead daughter, provided that her share be given to her son once he becomes twenty one. What is the ruling of Sharia on executing this bequest?



The Answer :

All perfect praise be to Allah, The Lord of the Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.


In His Glorious Quran, Allah, the Almighty, Has Clarified the rules of inheritance and Has Given each person their due share, and this division is neither open for interpretation, nor addition or subtraction. He, The Exalted, Said (What means): "God (thus) directs you as regards your Children’s (Inheritance): to the male, a portion equal to that of two females" {An-Nisa`/11}.


In light of this, a Muslim isn`t at liberty to violate this divine rule by giving equal portions of inheritance to males and females. Accordingly, the bequest mentioned in the above question is invalid, so it mustn't be executed.


However, if all the heirs agreed to dividing the estate on equal basis among themselves, after the death of the testator, then that is permissible because they become entitled to their shares after the death of the testator. By doing this, heirs who received extra shares have donated them in favor of those who received lesser ones.


As regards the bequest made in favor of the daughter who had passed away before her father, it is considered valid and must be executed. Accordingly, that portion must be given to her son if he chooses to accept it and according to the manner stipulated in that bequest. This is provided that that portion doesn`t exceed one third from the estate. And Allah Knows Best.







Comments

 

Name *

E. mail Address *

Country

Comment Title *

Comment *

Captcha
 
 

Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.