Is it permissible for a wife to disinherit her deceased husband's children from inheritance, based on his will, due to their disobedience and theft from his home, and is she sinful for doing so?
What the children did by shunning their father and stealing from his house is a reprehensible act and an act of disobedience (ʿuqūq) that requires repentance. The unpaid amounts that the father said were for his wife constitute a bequest to an heir, which is not executable unless all heirs agree. The children of the deceased inherit from him even if they were disobedient. Thus, the inheritance is divided among the wife and all children, and the parents if they are alive. It is not permissible for the wife to deprive his children of the inheritance. What the children stole from their father's money is to be deducted from their share in the inheritance and then divided among the heirs. What the father gifted to his wife during his lifetime and she took possession of it, is her property.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 18518
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy