Will the son who tried to divide the inheritance according to Islamic law, but whose siblings refused, be held accountable, given that the daughters refused to take their share unless it was through a comprehensive Islamic legal division?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If a father divides his land during his lifetime as a will (وصية) that is not executed until after his death, this division is void if it does not conform to Sharia, because a will in favor of an heir is forbidden. However, if the division is in the form of a gift (هبة) that takes effect during his lifetime, and he was equitable in it and it included all his children, then this is a valid gift and it does not necessitate a Sharia-compliant division after his death. But if he was not equitable in the gift, then the gift is void and a Sharia-compliant division is obligatory after his death.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/87280
- Source platform
- Ftawy
- Original fatwa ID
- 87280
- Imported
- Translation status
- Source text, unreviewed
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- Read the full answer on Ftawy