Should the shop be considered part of the inheritance and distributed among all legal heirs, or should it remain in the names of the two sons only? And how is the inheritance to be divided among the heirs, and is the father sinful for registering the shop in the names of the two sons? And how is the remaining inheritance of real estate to be distributed after all children have married? And is it permissible to consider marriage expenses as part of the inheritance?
The father's written declaration bequeathing the shop to his male children holds no legal validity in Islamic law. If he wrote it intending for them to inherit it after his death, it is a bequest to an heir, which is not enforceable unless the other heirs consent. Otherwise, the shop reverts to the inheritance. If he gifted it to them during his lifetime and did not act justly among all his children, the gift is void, and the shop reverts to the estate.
As for the mother's agreement with the grandmother to pay her monthly share of the inherited property's rent in installments, there is no harm in that. However, if it pertains to her entire share of the inheritance, she is fundamentally entitled to her full right unless she, being a mature and willing adult, agrees otherwise. Her share and the duration must be specified.
The shop, its rent, or its sale price is to be divided among the heirs according to Islamic law, and shares can be sold.
If the father passed away leaving behind a wife, two sons, two daughters, and a mother, the wife receives one-eighth, the mother one-sixth, and the remainder is distributed to the male receiving the equivalent of two females' shares. The estate is divided into 144 shares.
The mother has no right to dispose of the heirs' shares or to prevent them from partitioning the inheritance. For those below the age of maturity, their affairs are managed by a guardian, grandfather, or ruler. A mature and discerning adult is their own guardian.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/99174