Gifts to sons during ones lifetime

My father during his lifetime divided a piece of land between me and my brother. We have one sister, can she claim for her share now.   

In the name of Allah, the most Beneficent, the most Merciful.

Answer

The aforementioned situation will be considered as a gift and not inheritance as this incident took place whilst your father was alive.

There are four categories of giving gifts to one’s children.

  1. Where the parents intend to harm and avoid giving the rights to the children. This is Makruh Tahrimi.
  2. Where the parents do not intend to harm the children or avoid giving their rights, however, there is no valid reason of preference of one child over another, this will be Makruh Tanzihi.
  3. If one child is preferred due to him being in the path of Allah, such as studying sacred knowledge, then it is desirable to prefer one child over the other.
  4. If a child is deprived from receiving extra wealth due to him being irreligious and a sinner then it is mustuhub to deprive him. (Bahrur Raaiq p.288 v.7 & Ahsanul Fatawa p.256 v.7)

 

With regards to your question, in principle it was permissible for your father to gift the land between yourself and you brother. However, if he gave it with the intention to harm and avoid giving the rights to your sister then it will be Makruh Tahrimi, but the gift is Islamically correct.

When your father handed the gift to you and your brother and you both took the land into your possession then this gift will be considered valid and your sister would not have any right to the land. (Raddul Muhtar p.492 v.8)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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