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Fatawaa


Subject : Dividing One`s Property while Alive is Giving a Gift, not Division of Inheritance

Fatwa Number : 421

Date : 31-12-2009

Classified : "Wills and Obligations"in Inheritance

Fatwa Type : Search Fatawaa


Question :

I would like to divide my property among my children (Five daughters and one son). What is the share for each, and is it possible to give the male more than the female?



The Answer :

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

1-If you want to divide your property between your son and daughters while you are in sound health, the male should get the same share of the female because the Messenger of Allah (Peace be upon him) said: "Fear Allah and treat your children equally." {Related by Bukhari & Muslim}. The word "Child" refers to both male and female. Therefore, your property should be divided into six shares: (Five females and one male). Since you are dividing your property while being alive, it isn`t permissible for you to give the male more than the female unless the females approve of this consciously and subconsciously, and for the good of the family.

2-It is more appropriate to leave the division of your property until after your death (May Allah bless you with living forever). This way, the male gets a portion equal to that of two females because Allah says {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}. He the Almighty also says {What means}: "Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by God; and God is All-knowing, Al- wise." {An-Nisa`, 11}. And Allah the Almighty knows best.






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