Is it Islamically permissible for a father to disinherit his daughters, and to allocate some of his properties exclusively to his male children without a legitimate Sharia reason? Is the money taken by the brothers in this manner permissible for them? Are the brothers considered sinful if they do not rectify their father's mistake? And is it forbidden to demand one's right in this situation?
What the father did by registering his properties in the names of his sons and disinheriting his daughters is forbidden by Islamic law. If it was merely a will to take effect after death, and the sons could not benefit from it during the father's lifetime, then it is a bequest to an heir, which is not valid unless approved by the rest of the 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 it was a transfer of ownership and a gift to the sons during his lifetime, and they took possession of it, then this is also forbidden due to the lack of justice in the gift, based on the Prophet's (peace be upon him) saying: "Be just among your children," and his saying to Bashir ibn Sa'd: "Did you give all of them a gift like this?" He said: "No." The Prophet said: "Then do not ask me to bear witness, for I do not bear witness to injustice." Most scholars are of the opinion that the gift becomes effective upon the death of the giver before rectification, while some believe that it must be returned. The sons should act justly to lift the injustice from their sisters, and whatever remains of the father's wealth after his death is an inheritance to be divided among all heirs according to their prescribed shares, and it is not permissible for the sons to take exclusive possession of it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/118221