Is an endowment to some children, but not others, considered a ploy to disinherit an rightful heir?
It is permissible to make an endowment (waqf) for one's children and their descendants. The clear statement of the endower (waqif) determines whether the children of daughters are included or not.
If the endower uses the phrase "children of children," the majority of scholars hold that the children of daughters are not included, though some scholars are of the view that they are included.
If the endower uses the phrase "an endowment for my descendants," then the children of daughters are included.
Justice among children in an endowment is not obligatory, unlike in a gift (hiba). However, it is not permissible to exclusively allocate the endowment to male direct children as a circumvention of inheritance laws.
Daughters' children are not heirs; rather, they are considered relatives by blood (dhawu al-arham).
It is permissible to make an endowment for male and female children, and then for daughters' daughters, knowing that an endowment cannot be sold. If the designated beneficiaries cease to exist, the endowment reverts to the endower's heirs or is spent on charitable causes.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 30010
- 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.
- Read the full ruling
- Read the full answer on Ftawy