Answer
(Fatwa: 1285/1285/M=1431)
(1) If father wants to distribute his property among his children in his lifetime he can do so, it is allowed in Shariah. Whatever thing a father in his lifetime gives to his children it is called hibah (gift) and after the death of father the property, left by him is called mirath (inheritance) which is distributed among all the legal heirs as per the shares determined by Shariah. The rulings of hibah (gift) and mirath (inheritance) are different. They are written in the books of fiqh in details.
(2 & 3) It is mentioned in hadith that one should maintain equality among one’s children. Hence the scholars of Fiqh have written that while giving gift it is better to award equal shares to all the children, though male or female. If someone is more pious and obedient or more needy then in return of his piety, obedience or need he can give them extra. If someone is quite disobedient, he can decrease his shares. However, it is lawful to differentiate in gifting because of some sound reasons. . But, doing so unnecessarily or depriving someone completely is not right rather it is injustice. In general, it is mustahab to give each one (son or daughter) equal share.
(4) Will made for heir it is invalid as it is mentioned in hadith:
لا وصية لوارث
Will declared for heir is invaid.
And if the will is for one other than heir, then it shall be fulfilled in one third property of testator.
(5) Wife is heir of her husband hence husband cannot make will for her. However, whatever share the husband considers suitable for his wife, he can give her in his lifetime. This point should be noted while giving hibah that the gifted property should be given in the possession of the beneficiary and the gifted should withdraw from it; otherwise the hibah shall not be complete (whether the beneficiary is wife or children).
(6) Hibah requires equality, while in inheritance a daughter gets half share of a son.
(7) If it is sure or strong presumption that he eats haram meat, you should avoid eating meat at his home and shun doubting him unnecessarily.
(8) There are three signs of munafiq (hypocrite) mentioned in hadith: (1) Whenever he speaks he tells lie. (2) He swears whenever he fights (3) and whenever he is assigned a trust he betrays it. . If someone has the characters of hypocrisy he shall bear the sin reap the consequences. He should make tauba, but it is not right for others to call him hypocrite.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband