To Deprive from Inheritance by Giving a Gift

Fatwa ID: 03427

Answered by: Maulana Jamal Ahmed​

Question

Assalamualikum

Both my parents are alive dad is 76.

We are 3 brothers and 2 sisters. My dad owns a number of properties in the UK and also has assets in Pakistan.

He has distributed some of this wealth to the children in his lifetime based on the specific need. 

My parents and 3 of the siblings live in Birmingham and I was living in London where house prices are much higher. In order to help me buy a house, he loaned me around £150k as a qarze hasna which was in addition to having gifted me a previous house in Birmingham previously which I had sold to buy this house.  I also borrowed around £50k from other members if my family which I still repaying and anticipate this should be complete within 3 years inshaAllah.

Now my parents have decided that as they have other assets and they have also gifted my other siblings and no one seems to have objected even though not equal in value, that they will consider even the £150k as a gift and I do not need to pay it back ia. However, they said the condition for this is that I consider it my inheritance and do not claim when they pass away. Additionally, I have moved to New Zealand and it suits me to be out of debt in the next 2-3 years so I am happy to agree to this and likewise my siblings do not seem to object either. 

I just want to confirm that I am able to accept this proposal as it suits me and my circumstances, as well as my siblings, seem to be happy with it.
 

 


بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

 

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

Answer:

It is permissible for your father to give you a part of his property in his lifetime if he does not intend to harm the other family members.  If you take possession of the property before your father passes away, then you will be the sole owner of it.

However,  this does not deprive you of the inheritance from the sharia perspective.  You will be entitled to your full share of the inheritance.  If you from your own good decision not to receive your share, then that will be from your kindness.  (Extracted from Ahsanul Fatawa,  pg. 302,  vol. 9,  HM Saeed company)

 

Only Allah knows best.

Written by Maulana Jamal Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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