What is the ruling of Islamic law and the punishment for a father who deprives some of his children of inheritance and writes his wealth over to his wife and her children only, and does a person's disposal of his money justify depriving some of his children of inheritance?
It is not permissible for a father to differentiate between his children in giving gifts, because that violates Allah's command for justice in general, and the Prophet's (peace be upon him) command for justice among children in particular. Allah Almighty says: "Indeed, Allah orders justice and good conduct and giving to relatives" (An-Nahl 16:90). And the Prophet (peace be upon him) said: "Fear Allah and be just among your children."
Furthermore, a father writing over his properties to some of his heirs for them to take after his death is considered an invalid bequest, due to the Prophet's (peace be upon him) saying: "Indeed, Allah has given every rightful person his right, so there is no bequest for an heir." Such a bequest holds no validity unless all the heirs approve it. Any statement that permits him to do so, under the pretext that he has the right to bequeath to whom he wishes and disinherit whom he wishes, is a false statement and contrary to the texts of Islamic law. Scholars have unanimously agreed on acting upon the : "There is no bequest for an heir."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 87314
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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