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I have four sons. Two son always want to fight and are asking to give them their share in my property … both of them from my property. How can I do.

Answered according to Hanafi Fiqh by Darulifta Deoband Waqf
I have four sons. Two son always want to fight and are asking to give them their share in my property in my life. I don’t want to give them a rupee from my property. I want to bedakhal both of them from my property. How can I do.

Answer:

Ref. No. 953/41-000

In the name of Allah the most Gracious the most Merciful

The answer to your question is as follows:

As long as the father is alive, the children have no share in his property. Children’s demand to give them their shares in his lifetime is totally illegal in shariah. Father has full authority over his property to give it to any relatives and friends and also to masjid and madrasa. Nevertheless, one should inculcate in his mind that mirath is a sharia right, hence no one can overlook it. Therefore, if a father gives away his property to his relatives merely with the intention to deprive some or all of his children of mirath completely, then it is unlawful and a great sin.

الارث جبری لا یسقط بالاسقاط ( العقود الدریۃ 2/51)

And Allah knows best

Darul Ifta

Darul Uloom Waqf Deoband

This answer was collected from the official website of Darul Uloom Deoband Waqf. The institution is based in India and the answers are provided in accordance to the Hanafi Fiqh.

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