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Mutually distributing inheritance

Fatwaa ID: 817

Assalamualykum mufti saab. After the death of a mother children distribute her jewellery according to mutual understanding among themselves. Obviously it is not equal distribution. Is it okay if everyone is happy with it.

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

There is great abuse in the above matter. In many cases, “mutual” is not the reality. Allaah Ta’aala has allotted specified shares for the heirs with great wisdom. In the enquired situation, the estate of the mother, jewelry and everything else included, should be distributed first according to the Shari’ah laws of inheritance and succession. Whoever then wishes to give away their parts after assuming possession may do so.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


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