Should the will of a father who discriminated between his sons and daughters in gifts and endowments be followed? Are these endowments considered an inheritance to be divided? Is it permissible to delay the division of the inheritance if some heirs object? Is it permissible to resort to man-made courts to resolve the dispute?
The father's preference for males over females in giving gifts contradicts the command of Allah and His Messenger to be just among children, and justice must be observed between them.
If a father bequeaths something from his wealth to his children after his death, this is an invalid will for an heir.
A father's will to disinherit his daughters is invalid. Daughters have the right to inherit directly after the father's death, whether they are adult and mature or minors.
The gift that the father specifically gave to some males without justice is a matter of dispute, and the more preponderant opinion is that it is invalid if the father did not act justly between his children.
It is not permissible to prevent anyone from taking their rightful share of inheritance. Whoever does so is an unjust transgressor.
Seeking judgment from man-made courts to claim one's right is permissible out of necessity if the rightful owner cannot recover their right otherwise.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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