Answered according to Hanafi Fiqh by

Q: My father passed away leaving behind: 5 Daughters 2 Sons and 1 late Son (with 2 children). On the day that my father passed away, he said to my brother in law: “If I die today then the Big Shop is for my eldest son, The small shop is for my other son, And my own house is for my grandsons, The other 5 shops are one for each of my daughters.” What does Shariyah Law say about the distribution of the heritance in this case? What is valid? Shariyah or Wassiyah?


A: A wasiyyat cannot be made in favour of any heir. His children are his heirs.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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