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The question

Is it permissible for a husband to write all his properties to his wife, excluding his children, and is it permissible for a wife to delay the distribution of inheritance for 26 years after her husband's death on the pretext that she has no pension?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If a husband registers his properties in his wife's name as a sale, there are two possibilities:

1. He genuinely transferred ownership to her during his lifetime, such that she gained possession of them and disposed of them as an owner. This is Islamically permissible, and the properties become the wife's sole possession and do not enter the inheritance.

2. The gift was a sham, intended to transfer ownership to her after his death, or to enable her to dispose of them after his death and avoid being restricted to her share of the inheritance. This is impermissible because it is a stratagem to negate the children's right to the inheritance or to deprive them of it, and it is forbidden.

Stratagems do not negate an obligation nor do they permit what is forbidden, and it is not permissible to use stratagems to negate the right of a Muslim. Therefore, the wife only owns her legal share of the inheritance (one-eighth), and she is not allowed to prevent the heirs from their right unless all heirs consent to it. If any one of them requests their right, it must be granted.

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
18956
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.
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Read the full answer on Ftawy