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Fatawaa


Subject : Registering Property in the Names of one`s Sons to Deprive the Daughters

Fatwa Number : 656

Date : 22-04-2010

Classified : "Hibaa"Donation, Grant

Fatwa Type : Search Fatawaa


Question :

We are a family of ten children: five sons and five daughters. Before passing away, my father registered all his lands in the names of his sons, but not the daughters. He did this under the pretext that he wanted to secure their future and make sure that they are provided for. As for the daughters, they, as he said, are married and needed nothing. What is the ruling of Sharia on this? If what he did is impermissible, what are the sons required to do?



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.

What your father did is unacceptable because it is fear of the future, which none knows but Almighty Allah and opening the door for future possibilities will undermine justice.

Therefore, the sons should give their sisters what is equivalent to their shares in the inheritance, as if the wealth is still in the name of their father. They can also win their sisters` hearts with a fair compensation and not just talk. And Allah the Almighty knows best.






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