Fatwa ID: 05409
Answered by: Mufti Eunus Ali
Question
I have few questions regarding gifting my share of the estate to my four daughters. Three of my daughters are married, one is unmarried and is likely to stay so. She is very childish and suffers from Asperger’s syndrome. I have no sons. My husband is alive. I have 3 brothers and 1 sister. My mother is alive. My father passed away over 20 years ago.
1. I would like to know if I can gift, my four daughters, my share of the estate.
2. Can I gift my unmarried daughter extra share as she is very vulnerable and I cannot see her coping well on her own. I would like to see her settled in her own home and learn to cope by herself. She has no mahram apart from her father. My 3 brothers are sick and unable to take responsibility for her.
3. Who are my potential heirs and what shares will they get, If I was to pass away now.
In the name of Allah the Most Beneficent, the Most Merciful
Answer
- Please refer to the link below:
http://daruliftabirmingham.co.uk/gifts-to-children-during-lifetime/
According to the information provided in the link above it will be permissible to gift your possession/estate during your lifetime.
However it should be noted that if your estate is divided after your death it will not be considered as a gift, rather it will be an inheritance that will be distributed in accordance to the shariah.
- It will be permissible to gift more to your daughter as she may be more in need of it than the other. [1]
It may be a good idea to discuss this with the family, to begin with, to avoid any complications or arguments in the future.
- The potential is as follows: Husband:23.07%, Mother 15.4%, Daughters: 61.53% (20.51% each)
Only Allah knows best
Written by Mufti Eunus Ali
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1] Ahsanul Fatawa, Volume 7, Page 257, H.M. Saeed Company
