Is it permissible to allocate the inheritance to the children who did not cooperate with their mother in acts of witchcraft and harming their father, and to exclude the children who did so?
It is not permissible to disinherit disobedient children through a will, because a bequest to an heir is forbidden and not legally binding unless the other heirs approve. Furthermore, disobedience (al-uquq) is not one of the impediments to inheritance.
If it is a gift (hiba) given during one's lifetime, it is preferable not to favor obedient children over disobedient ones with the gift, due to the potential for discord and estrangement that this may cause, even though some jurists consider immorality (fusuq) a justification for favoritism. The loss of rights for obedient children can be avoided by providing them with copies of documents that prove ownership of properties.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 187134
- 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