Is it permissible to divide the land equally between the son and the daughter, knowing that the father registered it in their names to avoid dividing it among his wives, and his intention was to divide it according to Sharia: two-thirds for the son and one-third for the daughter?
A father's writing of land ownership to his sons falls into one of two categories: either it is a gift during his lifetime, which is permissible with a degree of dislike according to the majority of scholars, or it is a bequest after his death.
If it is a bequest to an heir, it is not permissible unless approved by the other heirs, based on the Prophet's (peace be upon him) saying: "Indeed, Allah has given every rightful person his right, so there is no bequest for an heir." If the heirs — including the father's two wives — approve it, then it becomes permissible. If only some approve, it is permissible only for those who approved. However, if it falls under the category of distributing the inheritance before his death, the distribution is enforceable if it conforms to Islamic law; otherwise, it is not permissible unless approved by the heirs.
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- Original fatwa ID
- 33293
- Imported
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