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The question

How can a property consisting of a shop, a warehouse, an office, and 4 residential apartments be divided among three sons and three daughters, given existing rental contracts for some of the children, in a way that ensures fairness and avoids future disputes, either through a will or immediate distribution?

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

You must establish ownership of your wealth to avoid claims from your children after your death. You do not need a will for how it should be divided, as each heir receives their rightful share according to Islamic law.

As for dividing the inheritance before death, it is permissible as a gift (hiba) provided it fulfills the necessary Islamic conditions. However, it is not valid as an inheritance, because a living person cannot be inherited from. Such a division would be void if it is not through a lawful transfer of ownership.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
37188
Imported
Translation status
Source text, unreviewed
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