Is it permissible to transfer some assets to children before marrying another woman, in order to avoid inheritance problems and the displacement of the children?
There is no legal impediment to gifting a house to one's children during the donor's lifetime and good health. If the gift is completed with its conditions, which include the relinquishment of the gifted property by the donor and its possession by the children, then the gift becomes valid, and none of the heirs have the right to claim it. However, if the gift is not completed with its conditions, it is considered part of the estate. To avoid the new wife claiming her share of the house, the house can be legally and completely transferred to the children as their property, provided that the intention is not to defraud certain heirs.
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
- 65680
- 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