Fatwa ID: 01336

Answered by Mufti Mohammed Tosir Miah

Question:

Please advise on: If we are 1 son and 2 sisters. Father has to divide property say 100$. Per shariah how much a son gets and how much each sister should receive

Answer:

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

There are two possibilities to your question, either; the property is being distributed during his lifetime or after his death.

If the property is being distributed during one’s lifetime it is considered as a gift. 

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)

In principle one should try to be fair and do equality between the children when it comes to gifts. Therefore, it is desirable that your father distributes the property equally during his lifetime. (Taqrir Tirmizi p.314 v.1)

If the property is being distributed after his death, then the son will get double of what the daughters get. For example from £100, the son will get £50 and the two daughters each £25.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.