Must the house remain in the name of the deceased to ensure that the children stay with their grandparents, or should the inheritance be distributed according to Sharia, and can the sisters waive their future share for their brother's children?
The heir is entitled to their share of the inheritance immediately upon the death of the deceased, and after the rights related to the estate have been discharged. No heir is permitted to prevent the others from their right. The wife may claim her share of the house, which is one-eighth if the deceased had children.
If the heirs wish to relinquish their claim to the house in favor of the deceased's children and register it in their names, they are permitted to do so. The fear of the deceased's parents regarding the wife's disposition of the house is unwarranted, because the guardianship of minor children after the father's death belongs to the paternal grandfather (father of the father), however high he may be, or the father's executor, or the ruler, and the mother does not have guardianship over them. It is advisable to refer to the court in case of disagreement.
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
- 78157
- 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