What is the ruling of Islamic law regarding claiming ownership of the apartments inhabited by male children in their deceased father's house, on the basis that it was a "gift," and consequently taking three times the value of the apartment from their legal share, which may deprive daughters of their inheritance?
What the father did, by potentially housing his children in apartments, constitutes a gift (hibah) if he housed them for ownership, and a loan (ariya) if it was solely for utilization. In the absence of a documented contract or explicit declaration from the father, the default is that the house, with all its apartments, remains an inheritance to be divided among the heirs, as if it were a loan, because a loan terminates upon the death of the lender. If it is proven that it was a gift exclusively to the males without the females, and justice was not achieved, then the preponderant view is that justice among children in a gift is obligatory. The gift is void if justice is not achieved, and it is to be returned to the estate after death, according to some scholars. Shaykh al-Islam Ibn Taymiyyah said that it must be returned during his lifetime, and if he dies, it is returned after his death in obedience to Allah and His Messenger. It is not permissible for the one who was favored to take the excess; rather, he must divide it justly with his siblings. Matters of inheritance are referred to the Sharia courts for adjudication.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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