Fatwa ID: 02194
Answered by Molana Muhammad Adnan
Question:
My father is alive Al Hamdulillah, He wants to distribute his entire
wealth between Us in his life. 2 Son 2 Daughters and wife.
My Question is.
Can he equally distribute his wealth between all four in his life ?.
The intention of my father is that my sisters and My mother Get the equal Share because of the following two reasons:-
1. In case of My father's death, they will get the less share as per Islamic Law and he wants to give them more.
2. My mother has decided to give her share to one of his one son and daughters and not give any share to one of his son and my father knows.
By doing this outcome will be as follows :-
1. one son will get an equal share from fathers wealth but not as per inheritance law.
2. He Will not get anything from mothers wealth (which she is getting from his husband and from her own).
So basically he will be getting a lot less and this is the intention of father and mother both because they think that He is doing well (Al Hamdulillah all sons and daughters are doing well). Request for Islamic Ruling on the same.
In the name of Allah, the most Beneficent, the most Merciful.
Answer:
If for some reason a person wishes to dispose of their estate during their lifetime by distributing their assets amongst their heirs, this may be done. However the following 2 requisites should be considered:
- The motive for disposal should not be to deprive any heir. Allah Ta’ala has fixed the heirs and their shares through his wisdom. It is unworthy of a muslim to attempt any interference in his divine dispensation.
- Sons and daughters should be given in equal measure while a son inherits double the share of a daughter, this rule should not be adopted when making gifts to ones children during ones lifetime. During ones lifetime discrimination in gifts to ones offspring is not permissible although valid. Sons and daughters should be given gifts of equal value.
(Kitaabul Meeraath P18 & 19)
Written by Molana Muhammad Adnan
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
