Is it permissible to disinherit half-siblings and the husband, and to make the house an endowment (waqf), knowing that the condition set by the maternal aunts and uncles for waiving their right was the non-inheritance of the husband or the half-siblings?
The inheritance is to be divided among siblings, male and female, by ta'sib (agnatic inheritance), with the male receiving the share of two females. The condition to make the house an endowment (waqf) and disinherit the heirs is not valid, as it contravenes Islamic law. Any condition not found in the Book of Allah is null and void, and by "Book of Allah," what is meant is its ruling from the Book of Allah, or the of His Messenger, or the consensus of the Ummah. If a bequest (wasiyya) was made to endow the entire house, and its value exceeds one-third of the estate, then only one-third of the bequest can be executed, unless the heirs consent to more. A gift (hiba) conditioned on the house becoming an endowment after death is not valid. The maternal uncles and aunts can donate their share without condition, or keep it, or donate only the usufruct (manfa'a) of dwelling.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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