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The question

What is the ruling of Islamic law regarding a man writing over his sole home in his wife's name, thereby disinheriting the remaining heirs?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

It appears that the mentioned contract aims to transfer ownership of the house to the wife after the husband's death, which is considered a bequest (wasiyyah). Accordingly, this bequest to an heir is not valid and cannot be enforced unless the other heirs agree to it, based on the hadith: "Indeed, Allah has given every rightful person his right, so there is no bequest for an heir." This was narrated by Tirmidhi and Daraqutni, who added: "Unless the heirs wish otherwise." Furthermore, the intention to deprive other heirs is not permissible.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
192025
Imported
Translation status
Source text, unreviewed
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