Is it permissible for the deceased to stipulate in his will that some of his heirs be deprived of inheritance?
The deceased's will to disinherit some heirs is an unjust will and holds no weight. The inheritance is to be distributed among the heirs according to the verses of inheritance. If the deceased is survived only by two sons and four daughters, the inheritance is to be divided among them by ta'sib (agnatic inheritance), with the male receiving the share of two females. Thus, the inheritance is divided into eight shares: two shares for each son and one share for each daughter. Inheritance cases must be brought before the courts due to issues that might be unknown to the heirs, such as bequests, debts, and rights, which take precedence over the heirs' rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 106983
- 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