Inheritance: Stepchildren

Answered according to Hanafi Fiqh by Askimam.org

As-Salaam-Alaikum 

I have a question regarding inheritance please.:

A father has 5 sons two daughters

One of the son and a daughter are not his they are from his wife’ first marriage.

When it comes to islamic will:

Does he have to include the two kids?

Can he choose to include one of them?

Jazakumullahu khairan 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, one’s stepchildren are not heirs of the stepfather. The stepchildren will not inherit from the estate of the stepfather.

However, if the stepfather wishes, he may make a bequest (wasiyya) for his stepchildren from within one-third of the estate after burial expenses and paying one’s debts. The stepfather may make a wasiyya for both children or only one. However, in doing so, he should avoid any situation that will lead to animosity between the stepchildren.

And Allah Ta‘ālā Knows Best.

Checked and Approved by:
Mufti Ebrahim Desai.

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