Is it permissible for a father to write over his property to his daughters during his lifetime to preserve their inheritance from relatives, knowing that he has no male children?
Registering apartments in the names of daughters is considered a bequest to an heir if the intention is for ownership to transfer after death. A bequest to an heir is not permissible unless the other heirs consent, based on the Prophet Muhammad's (peace be upon him) saying: "Indeed, Allah has given every rightful person their right, so there is no bequest to an heir."
However, if the intention is a gift during one's lifetime, then it is permissible, provided there is fairness among the children and the conditions of a gift are met, such as possession and not being contingent upon death.
A gift is not permissible if its intention is to deprive heirs of their rightful share in inheritance, and a gift intended to deprive heirs is considered a forbidden circumvention of Allah's law.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 111218
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy