Is it obligatory to re-divide the inheritance of the deceased mother in accordance with Sharia, given that she verbally divided the house equally among sons and daughters, and instructed that it be registered in the name of one of her daughters?
1. The house registered in the mother's name is an inheritance from her, not a joint property between her and the father, unless there is legal proof or acknowledgment from the heirs.
2. Her will to register the house in the name of one of the heirs after her death is not binding; the house is the right of all heirs and shall be divided among them according to the legal inheritance.
3. Her will to divide the house equally between males and females contradicts the words of Allah Almighty: "Allah instructs you concerning your children: for the male, what is the share of two females." And Allah's command is more deserving of execution.
4. A will for equal division is an injustice, diminishing the male's share and increasing the female's share. It also falls under the category of a will made to an heir, which is forbidden by Islamic law unless the heirs consent, based on the hadith: "Indeed, Allah has given every rightful person his due; so there is no will for an heir."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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