Is it permissible for a father to favor some of his children over others, or to favor males over females in gifts and grants? Do the deceased father and the children bear a sin because of this? Is it permissible to demand division? Does the farm that the children built on their father's land have a share in the inheritance?
It is not permissible for a father to favor his sons over his daughters in a gift, as this violates the justice commanded by Islamic law. The Prophet, peace and blessings be upon him, forbade favoring one child over others in a gift. An unjust gift is invalid, and both the giver and the recipient are sinful if they are aware of its injustice.
If the gift was not completed during the father's lifetime, or if it was given during his death illness, or as a bequest after his death, then it falls under the ruling of a bequest to an heir, which is impermissible and cannot be executed except with the consent of the daughters and the rest of the heirs.
The daughters have the right to claim their share of the inheritance from what the father gave to his sons, and injustice in a bequest is a major sin.
As for what the sons built on the farm, its ruling depends on the details of its construction: whether it was with the father's permission during his lifetime, or after his death with the permission of the heirs, or without their permission. The ruling on this has been detailed in previous fatwas.
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- Original fatwa ID
- 173936
- Imported
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- Source text, unreviewed
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