Fatwa ID: 08933
Answered by Maulana Mohammed Aabu Saeed Miah
Question:
As-salaamu ‘alaykum, I hope you are well. I just wanted to check something about inheritance.
My understanding is that in Islam the son gets two shares and the daughter one. In my family, my sisters are saying that since I haven’t really been present, we should just split everything equally. Can you please confirm:
1. Can the family agree before distribution to change the Qur’anic shares and make them equal?
2. Or does it have to be divided the way the Qur’an says first, and then it’s only up to the individual if they want to gift some of their share afterwards?
I want to make sure I follow what Allah has set, without changing it. JazakAllahu khayran.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
The Quran has set the lawful shares due to the heirs of an estate. It is correct that a son is due two shares and the daughter gets one [1]. This right is not to be taken away from him by the other heirs. He may forfeit his right and come to any other arrangement, but this is up to him.
Only Allah ﷻ knows best.
Written by Maulana Mohammed Aabu Saeed Miah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1] “و مع الابن للذكر مثل حظ الأنثيين و هو يعصبهن” – السراجي في الميراث