What is the ruling on bequeathing ownership of a quarter of the house's value to each of the male children, and distributing the remaining quarter equally among the daughters, and does this change the legal Islamic division of inheritance for the heirs (3 sons and 5 daughters), knowing that the father has been living in this house for 30 years, his financial situation is difficult, and the house has not been registered in his name for fear of the heirs?
If a woman dies leaving behind five daughters and three sons, with no other heirs, her estate is to be divided among them by ta'sib (agnatic inheritance), with the male receiving the equivalent of two shares of a female, in accordance with the verse: "Allah instructs you concerning your children: for the male, what is equal to the share of two females." (Quran 4:11) Thus, the estate is divided into eleven shares: each son receives two shares, and each daughter receives one share.
The father's residence in the house does not permit him to withhold the heirs' rights. Every heir must be given their lawful share unless they willingly renounce it while being an adult of sound mind. If the father's residency was not based on a gift, then the house devolves to the heirs upon her death.
A woman writing three-quarters of the house to her sons without her daughters is considered a bequest to an heir, which is forbidden by Islamic law and is not valid unless the heirs consent. If the daughters do not consent, they must be given their share of the house.
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