Are the shares designated for the deceased's daughters upon subscription, in addition to their share of the inherited shares, exclusively their right, or are they part of the estate to be divided among all heirs?
Stocks purchased with a man's money are considered an inheritance, whether he registered them in his name alone or in his name and his daughters' names. They are to be divided according to Islamic inheritance law because they are part of what the deceased left behind. Designating the stocks for his minor daughters because he was their provider does not establish ownership or an additional right for them. There is no indication that the man gifted the stocks to his daughters; even if he gifted them to them to the exclusion of his other children, it is an unfair gift and must be returned to the inheritance. Sheikh al-Islam said: "A man must be fair among his children in giving gifts... And if he acted [unfairly] and died before rectifying it, then it is incumbent upon the one who received preferential treatment to follow justice among his siblings; they should divide all the wealth – the first and the last – according to the Book of Allah the Almighty: ﴿For the male is the share of two females﴾." However, if the daughters purchased the stocks with their own money, they are their property and are not included in the inheritance.
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- Original fatwa ID
- 18122
- Imported
- Translation status
- Source text, unreviewed
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