Is what the father left behind in terms of property in the wife's name, after his illness with cancer, considered hers, thus preventing the division of inheritance? And does the father inherit from his deceased son if he is alive but in a permanent coma? And how is the son's will, not to inform anyone about his estate, handled?
The principle is that the Sharia Court has the exclusive jurisdiction to rule on these matters.
Firstly: The father registering his properties in his wife's name after the operation does not entail any effect, because a gift made during a life-threatening illness is subject to the rules of a will. A will made to an heir is not valid unless the other heirs approve, so these properties remain an inheritance to be divided according to Sharia.
Secondly: It is not permissible for the wife to deprive the heirs of their right. If she insists, the heirs have the right to refer the matter to the court, and this is not considered an act of disobedience.
Thirdly: All properties left by the father registered in his wife's name, the money deposited in the bank, and his share in the sweets factory, all constitute an inheritance to be divided according to Sharia.
Fourthly: The car that the husband gifted to his wife before his illness and registered in her name is not included in the inheritance, because the gift was completed when the wife took possession of the car and registered it in her name.
Fifthly: The grandfather inherits from his son (the father), and his share is not forfeited due to his being in a coma. His share is reserved for him until he recovers or passes away.
Sixthly: A mature and رشيد (of sound judgment) individual has the right to receive their share, and their mother cannot prevent them. For a minor or someone who is not رشيد, their share is received by the father's guardian or a guardian appointed by the judge. The mother does not assume guardianship over the wealth of her minor children.
Seventhly: Care must be taken to treat the mother with kindness and gentleness, even if she commits injustice by withholding the inheritance. However, it is permissible to demand the lawful shares.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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