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The question

Is it permissible, Islamically, for a husband to designate an apartment for his wife as a usufruct (right to use) after his death, with its ownership transferring to his son after the wife's death or her marriage to another man, knowing that he has another wife and other children?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The bequest of dwelling in the apartment after the husband's death for the duration of the wife's life or until her remarriage is a bequest of usufruct. This is impermissible in Islamic law for an heir and falls under the general meaning of the : "Indeed, Allah has given every rightful person his due right, so there is no bequest for an heir." This is because usufructs are properties that are exchanged for compensation. Similarly, his bequest that the apartment devolve to his son is a bequest to an heir, which is impermissible in Islamic law. These invalid bequests are not enforceable unless the rest of the heirs consent to them.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
192011
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy