Sunday, January 29, 2023
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Shari’ah inheritance or my own will

Fatwaa ID: 416

Question:
السلام عليكم ورحمة الله وبركاته
A lady with 2 sons and 1 daughter has asked the following question.

Can I leave all my wealth for my daughter after I pass away? My two sons are financially independent but my daughter struggles to make ends meet.
Previously when my husband passed away, all the inheritance was distributed unjustly (not according to Shariah). I got more ⅛, my sons got a large portion too and my daughter got the least. So if i give all my inheritance to my daughter I believe it will be correcting the previous mistake. More so also because I want her to be secured financially.

I also have gold which I saved for my grandchildren and futute to be grand daughter inlaws. I have stated in my will which gold belongs to who. And the rest of the gold I want give to my daughter. Do I have to stick to shariah inheritance if i have my own will in place

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

It is necessary to adhere to the Shari’ah laws of inheritance and succession. You cannot give preference to your own will over it. That is like saying you know better than Allaah Ta’aala.

In regards to your children, their inheritance of your estate will be as stipulated by the Shari’ah. You may not change that even if one of them is struggling. You do not have any say or authority in this case over your wealth after your demise. However, if you wish, you may gift something to your daughter who is financially struggling during your lifetime. This will not decrease or impact her ratio of the estate after your demise.

If the estate of your husband was not distributed properly, then it is necessary for the family to resolve that and give everyone their due rights. This is a serious issue. If one fails to distribute and give everyone their rights, then he will be forced to return those rights in the Hereafter.
If you received more than what you were entitled to, then the extra must be given back. This must be done prior to your demise. You may give it to the one who was deprived of their full Shari’ah stipulated share. We advise you to remind your children of your obligation as well and advise them to fear Allaah Ta’aala.

In regards to your grandchildren who are alive, you may bequeath for them together up to one-third of the estate. If they are not alive, you may not bequeath for them. As for your unknown future granddaughter-in-laws, you may not bequeath for them. The recipient of a bequest must be known.

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

06/25/1444 AH – 01/18/2023 CE | AML1-6901

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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