Is it permissible for the questioner's father to write over the second apartment to his divorced daughter only, thereby depriving the rest of the heirs of their right to inheritance, and would such an act be pleasing to Allah and His Messenger, and is it in accordance with Allah's law on inheritance?
Firstly: The father's statement that the apartment is an inheritance holds no weight; it is his property and only becomes an inheritance after his death.
Secondly: What the father did by distributing the value of the apartment that the son acquired is an act of justice in giving a gift, and this is obligatory according to the more preponderant opinion. Scholars differed on how to be just: whether it is by making all children (males and females) equal, or by giving the female half the share of the male. The first opinion is what is -given.
Thirdly: Parents must be just in giving gifts. Therefore, they should not give the second apartment to the daughter exclusively, even if she is in need. Rather, justice must be equally applied among the children.
Fourthly: If registering the apartment in the name of the daughter, or anyone else, is for her to possess it after the parents' death, so that other heirs do not share it with her, then this is a bequest (), and a bequest to an heir is not valid.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 159757
- 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