Is the father's bequest to dedicate all his property to his children, allocating shares for males twice that of females, and specifying the daughter's share for the duration of her life, considered an enforceable family endowment (waqf dhurri), or should the endowment be limited to one-third of the estate only?
If a man bequeaths that his properties be endowed after his death, this endowment takes the ruling of a will, and therefore is not executed except within the limits of one-third of the estate. Any amount exceeding that is subject to the approval of the heirs for its execution, unless the endowment was executed during the lifetime of the endower, in which case it becomes effective.
As for endowing property upon all children, male and female, and then after them upon the children of the sons but not the children of the daughters, this is a valid endowment that must be acted upon, especially if the endower explicitly stipulated the exclusion of the daughters' children.
It is necessary to refer to the courts to rule on the matter of the endowment.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 30012
- 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