Do the father's wife and daughter have a right to inheritance, given that the inheritance was distributed among the children from the mother and father before the father's marriage and before his death?
If the father recorded the house in the mother's name as an act of ownership (tamleek), and she took possession of it and managed it, then the father has only a quarter of the inheritance in it, and he is not permitted to dispose of it beyond his share. However, mere registration on paper is not considered an act of ownership. Likewise, if the father recorded the house in the children's names as an act of ownership, and they took possession of it and managed it, then the father's wife has no share in it because it is not an inheritance from the father. But if the registration was only on paper, then it is considered an inheritance for all heirs, and the wife and her daughter will receive their shares.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 39688
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy