Fatwaa ID: 1173

Question:
A.aleikum

If a person writes a will(wasiyyah) and states that he wants to remove a son/daughter from his inheritance, is that will valid?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

There are certain family members who will receive a stipulated share from the estate of a deceased in all conditions unless a Shari’ah legislated impediment is found. The decedent has no right or authority to deprive them or give them more or less. The children are from this category. Their shares have been outlined in the Qur’aan.

A will is only valid if it is Shari’ah compliant. If a clause in the will is Shari’ah non-compliant, then that clause will be invalid and rejected. The executor of the estate may not act upon that clause. The sin and onus will be on him as well as the decedent. Accordingly, the person in reference may not remove a son or daughter from his inheritance irrespective of his reason. It is a major sin to do so or attempt to do so.

One should be reminded that Allaah Ta’aala is al-Hakeem, the All-Wise, and these distributions are from Him. Trust and submit to His Laws even if you desire to do otherwise. He knows what is best for us.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

10/28/1444 AH – 05/18/2023 CE | AML1-7776

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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