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The question

What is the ruling on a man of sound mind registering his property in the name of his wife and male children, thereby disinheriting his married daughters, and are the daughters entitled to claim their share of the wealth during his lifetime or after his death, and does the ruling differ if the daughters agree to this beforehand?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A father writing his property in the name of his sons, to the exclusion of his daughters, is contrary to Islamic law and resembles the practices of the pre-Islamic era (Jahiliyya). There are two scenarios:

1. The Gift (Al-Atiyyah): If a father hands over his property to his sons during his lifetime, this gift is Islamically invalid due to his failure to be just among his children. Allah the Almighty says: "Indeed, Allah enjoins justice and good conduct," and the Prophet, peace be upon him, said: "Fear Allah and be just among your children." Daughters have the right to demand justice during his lifetime or after his death, unless they truly consent.

2. The Will (Al-): If a father writes it in the name of his sons without transferring ownership to them until his death, this is considered a bequest to an heir, which is forbidden in Islamic law. The Prophet, peace be upon him, said: "Indeed, Allah has given every rightful person his right; therefore, there is no bequest for an heir unless the heirs wish it." This will is not effective unless the adult, رشيدة (sensible) daughters consent to it. They have the right to revoke their previous consent after his death and before the sons take possession of the inheritance.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
96743
Imported
Translation status
Source text, unreviewed
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