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Is it permissible to relinquish heirs’ shares before death, and is it permissible to gift 60% of one’s wealth to an adopted daughter during one’s lifetime, and can a will be written to that effect, and what is the legitimate Islamic method for dividing inheritance and for an adopted daughter to inherit?

2 min readAlso available in العربية

Adoption means taking a girl into your care and treating her kindly, which is commendable. This commendation increases since she is your brother's daughter, as charity given to relatives is both charity and maintaining kinship ties.

As for what you wish to bestow upon your brother's daughter and your wife, it is permissible during your lifetime if: 1. You are in good health and not suffering from a life-threatening illness. 2. You do not intend to deprive or harm your heirs. 3. You hand over the gift to them during your lifetime.

If the handover is after your death, it is a bequest. A bequest to an heir is not permissible unless the other heirs approve it. A bequest to a non-heir is permissible within the limit of one-third of the estate.

It is not advisable to ask your brothers to waive their share of the inheritance, as this implies an intention to deprive them of their legitimate right and can sow discord. Furthermore, a waiver might be given out of shyness rather than genuine willingness.

Regarding the division of the estate, it begins with preparing the deceased for burial, then settling debts, then executing bequests (within one-third of the estate), and then the remainder of the estate is divided among the heirs according to Islamic law. Your wife receives one-fourth due to the absence of a direct descendant, and the rest goes to your brothers, with the male receiving the share of two females.

We advise you to bequeath a portion of your wealth, not exceeding one-third, to your brother's daughter, or to gift it to her during your lifetime. Your wife is entitled to one-fourth as inheritance, and you can enable her to receive this during your lifetime. You may also donate whatever you wish from your wealth to charitable causes during your lifetime, provided it is not during a death-bed illness and does not unfairly diminish the rights of your heirs.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy