Is it permissible for a mother to bequeath the division of her money equally among her children after her death?
A mother is not permitted to bequeath the distribution of her wealth equally among her children after her death. This is because it diminishes the share of the male and increases the share of the female, which constitutes injustice to the male. This type of bequest to an heir is legally prohibited and does not take effect without the consent of the heirs, based on the : "Indeed, Allah has given every rightful person his right, so there is no bequest for an heir." This forbidden bequest becomes valid and dependent upon the approval of the heirs, because the prohibition is for the sake of the heirs' rights. If they agree to forgo their rights, then it becomes enforceable.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 192139
- 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