Is a father held accountable for discriminating between his children in giving gifts? And is he entitled to disinherit his daughters by writing his properties in the name of one of his sons, who then distributes them among his male siblings, excluding the females? And do daughters have a legitimate right to these properties?
Issuing a fatwa remotely is not effective in resolving complex disputes; rather, recourse must be made to the Sharia court.
1. If the father's deed of writing his property over to his son was a will, then it is invalid and must be annulled. However, if it was a gift, then it is either invalid due to lack of possession, or it is unjust and oppressive even if possession occurred. Sheikh al-Islam Ibn Taymiyyah held that an unjust gift must be annulled even after the death of the giver. 2. The father sinned by giving this unjust gift, and the son sinned by accepting it. It is recommended for the son to return the gift so that the estate can be divided as inheritance, and Sheikh al-Islam held that this is obligatory. 3. No consideration is given to the father's intention to disinherit some heirs, as the division of inheritance is a divine command, and disinheriting women from inheritance contravenes Sharia. 4. The children must seek forgiveness for their father and absolve him of any rights they have over him, even if he erred or fell short.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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