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Not wishing to take one’s share of the inheritance

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If a person has three wives, can the last wife ask her inheritance be given back to the other two wives as she does not want to be part of the the distribution although she is entitled to it by Islamic law. So the question is can she sign a document to the effect that she does not want her share and is this practise acceptable from an Islamic perspective?


A: It is compulsory upon her to accept her share and thereafter she may gift it to whomsoever she wishes.

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

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, 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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