Out of sheer love for the daughters and their pathetic economic conditions forced my father to distribute his estate equally among his sons as well as his daughters in his lifetime itself.When he disbursed 25% of it he died writing a will to distribute the rest 75 % of his estate equally among his sons and daughters. He got the approval from his sons before the disbursal of the estate and got a promise from the executor that he will distribute the estate equally among his sons and daughters after his death. Is the act of my father correct?
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
Allah Ta’ala has created man from nothingness and gave him life. Everything which a man possesses in reality belongs to Allah. Man is only a temporary owner of his possessions, he may do what he wishes with his wealth in his lifetime if it does not contradict any commandment of Allah. When a man passes away from this world, he is no longer the owner of his wealth. Everything returns to Allah and the wealth must be distributed how Allah has commanded. The knowledge of inheritance in Shariah is called ‘Ilm al-Fara’id’, since the Qur’an has fixed (fareedah) the shares of different heirs.
It is incumbent upon us to follow the injunctions of Qur’an and distribute the wealth of a deceased in the manner explained by Allah Ta’ala.
You have mentioned that your father wanted to distribute his estate in his lifetimes equally amongst his children. This is an act of gifting and gifts should be equally distributed amongst the children as your father had done with 25% of the estate. However, after his demise, it is not longer an issue of gifting, but now it is inheritance and the laws of inheritance will apply. The remaining 75% have to be distributed according to Shariah, in which the daughters do not get the same share as the sons. It is of good intention to desire that the father’s wish be fulfilled, however Allah’s commandments cannot be broken in the process.
Therefore the remainder of the estate will be distributed according to the laws of Islamic inheritance.
And Allah knows best
Wassalam
Ml. Ehzaz Ajmeri,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah