Is the agreement among heirs on the distribution of the inheritance — including what the father had allocated to some of his children during his lifetime — with the consent and mutual forgiveness of all, Islamically permissible, and does it involve injustice to the rest of the heirs?
The heir's waiver of their right after the death of the inheritor is valid if they are an adult, of sound mind, and acting voluntarily without coercion. However, if shyness or coercion was the cause of the waiver, or if the waiving party was not competent to act, then the waiver is invalid. If some heirs do not waive their legal share, or if they waived it out of shyness, or under duress, or were not competent to act, then the inheritance is divided as ordained by Allah.
To determine the share of each heir, if the inheritance is three million and fifty-two thousand Egyptian Pounds:
The share of the two wives is one-eighth (381,500), with each receiving (190,750). The share of the sons and daughters is the remainder (2,670,500), with the male receiving the equivalent of the share of two females. Each son receives (356,066), and each daughter receives (178,033).
This is the obligatory legal distribution for each heir. It is permissible for an adult of sound mind to take less than their legal share and waive the rest. However, minor siblings are not permitted to take less than their legal entitlement. There is no bequest for an heir unless the other heirs agree.
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