What is the ruling of Islamic law concerning an inheritance that was divided equally between males and females in accordance with a will approved by the Egyptian Dar al-Ifta, given that what the females would receive does not exceed one-third of the estate, and knowing that this division led to a severance of kinship ties among the heirs? Furthermore, is the additional amount taken by the mother considered a sin, and are the grandchildren sinful if they inherit from this money?
A grandfather's will stipulating equality between males and females in inheritance is considered a forbidden will for an heir, as it increases the share of females beyond their legal right. A will made to an heir is not executed unless the rest of the heirs agree, based on the saying of the Messenger of Allah, peace and blessings be upon him: "There is no will for an heir unless the [other] heirs wish it." So, if the male heirs permit the will after the testator's death, it is executed and cannot be reversed. However, if they do not permit it, or permitted it based on an incorrect fatwa, they have the right to prevent its execution. It is obligatory for the females, and whoever took from their share, to limit themselves to their rightful legal share and to return the excess they received due to this invalid will, or for the entire inheritance to be re-divided according to the rule of "to the male, the equivalent of the share of two females." The statement of the Imami Shiite jurists regarding the permissibility of a will for an heir within the limits of one-third is not to be relied upon, as it is a null statement due to its contradiction with the Sunnah and scholarly consensus.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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