Is it permissible, Islamically and legally, for a father to stipulate in his will the disinheritance of one of his sons, treating him equally to a female, due to his disobedience?
The matter of inheritance is grave, and Allah has specified each heir's share. What the man willed regarding increasing the daughters' shares at the expense of the son is a bequest to an heir, and such a bequest is not enforceable unless the other heirs approve it, due to the Prophet's (peace be upon him) saying: "Indeed, Allah Almighty has given every rightful person his right, so there is no bequest to an heir." The approval of this bequest by the son is conditional on him being an adult and of sound mind. The judiciary does not have the authority to approve it except with the son's own consent. The son's disobedience to his parents is a sin, but it does not permit depriving the son of his right to inheritance.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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