Can Inheritance be Distributed According to the Dying Fathers Wish

Fatwa ID: 04058

Answered by: Maulana Belaal Ahmed

 

Question


1. My mother passed away in September 2010,
2. My father passed away October 2018, leaving three daughters and a son as heirs
3. Properties are earned by my father, but he bought all in my mother's name
4. When my father was alive he wished that his properties should be equally divided among his children, that is one son and three daughters

 

My question is as he is no more. Is his wish still to be honored (that is to divide his properties equally among his children that is one son and three daughters) as the three daughters claim, and if not, how should the inheritance of the deceased be distributed?

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:


Allah swt has explained to us through verses of the Quran how one should distribute wealth amongst the inheritors according to the command of Allah.

 

Allah mentionsفرضية من الله ان الله كان عليما  حكيما these fixed shares are ordained by Allah and Allah is ever all-knowing and all-wise (Surah An Nisaa v.11)

 

Thus, in such a case the father's request will not be granted, as the children are due to inherit the father's wealth in all circumstances in accordance with the Islamic law and the above ayat.

 

In regards to the above question, the wealth will be distributed amongst the heirs in the following manner:

• Son will receive 2/5, which equals to 40%

• Daughters will receive 1/5 EACH, which equals to 20% each.

 

Only Allah Knows Best

Written by Maulana Belaal Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

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