Do the deceased's daughters deserve shares equal to those of the males, based on the father's verbal statement, "My sons and my daughters are equal," despite the absence of a written will and this contradicting Islamic law regarding the division of inheritance?
If a person dies and leaves behind wealth, their inheritance is divided among their heirs, with the male receiving the equivalent of the share of two females, based on the Almighty's saying: (Allah instructs you concerning your children: for the male, what is equal to the share of two females). If a man stipulates in his will to equalize shares between males and females, this will is unjust and forbidden because it is a will made to an heir. A will made to an heir is not enforceable unless all heirs agree to it, based on the Prophet's (peace be upon him) saying: (Indeed, Allah has given every rightful person their right, so there is no will for an heir). If some heirs approve it but others do not, it is enforceable for those who approved it and void for those who did not.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 21957
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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