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What is the ruling of Islamic law concerning a husband who stipulated that his children from his first wife should not be buried next to him, and sold his house to his second wife out of fear of his children's brothers from his first wife?

1 min readAlso available in العربية

If a father takes care of his children, disciplines them, and educates them, he has fulfilled his duty. He must be fair among them in giving gifts, unless there is a reason otherwise. It is not permissible for him to disinherit them, and if he does so, it is not legally enforceable. A father selling his house to his wife has two scenarios: either it is a valid sale with its resulting effects, in which case the wife owns the house, or it is a simulated sale intended to disinherit the heirs, in which case the wife does not own it, and it is not permissible for him to disinherit his children through such a stratagem. He may gift the house as an immediate gift to young, needy children, and this is not considered a forbidden preference in gifting as long as he has married off and educated the older children. The father should not allow wives to influence his relationship with his children, and he should strive to supplicate for them for their righteousness and for the reconciliation of their hearts.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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