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Is it permissible, in Islamic law, for my paternal uncle to disinherit his two brothers and write all his properties over to his wife and two daughters only? What is the ruling on this action of his? And will his wife and two daughters be held accountable for it?

1 min readAlso available in العربية

The uncle's bequeathal of the house to his wife and two daughters could fall into four scenarios:

1. A will made for them after his death: This is considered a bequest to an heir and is not executed unless the other heirs agree. Otherwise, the estate is distributed according to Islamic law. 2. A gift made during a death-sickness (marad al-mawt al-makhuf): This takes the ruling of a will and is not effective without the consent of the heirs. 3. A gift made during his lifetime and in good health, but without possession being transferred: This is considered an incomplete gift and takes the ruling of a will. 4. A gift made during his lifetime and in good health, with possession transferred and they disposed of it: This is a valid and enforceable gift. However, if his intention was to deprive the other heirs, he is sinful and will be treated contrary to his intention.

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

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