Making a bequest for the inheritance to be distributed equally
Q: I have two brothers and a sister and there is inheritance from my mums house to be distributed. My mother mentioned before passing away that we split the inheritance equally. If we all decide to split the inheritance equally is this fine or do we have to do it according to Sharia where my sister gets 1 third and each of us 2.
The bequest your mother made of distributing the estate equally is not permissible. The estate will have to be distributed in accordance to the law of shariah. The law of shariah is that the son will receive double share of the daughter. After distributing the estate among the heirs according to the stipulated shares of inheritance, if any baaligh heir wishes to gift anything to another heir, then he may do so out of his free will.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)
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