Is it permissible in Islamic law for a father to stipulate in his will that two apartments be allocated to his daughters from the inheritance money before its distribution, and that a third apartment be built for them after his death, knowing that the land and cash proceeds are divided such that the male receives the share of two females? And is he obligated to furnish the two apartments for the daughters so that they are equal to their brothers?
A father must be just among his children in giving, and it is not permissible for him to favor some of them without a legitimate religious reason. Whoever does not act justly among them has committed an injustice.
Scholars differed on how to be just in giving between males and females. Some of them held that it is like inheritance, where the male receives the share of two females. The majority, however, held that in giving, the female and the male are equal.
A father's will designating apartments for his children to be their share of the inheritance is not valid without the permission of the rest of the heirs, based on the Prophet's (peace be upon him) saying: "There is no will for an heir," unless the heirs permit it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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