Ruling on Revoking a Waiver

Answered according to Shafi'i Fiqh by Darul Iftaa Jordan
Is it permissible for an heir to revoke a waiver after it has been concluded?


Praise be to Allah the Lord of the Worlds.

A waiver is when one of the heirs waives his/her rightful share from the deceased`s estate in favor of other heirs against a certain return.This same definition is stated in article No.(314) of the Jordanian Personal Status Law.

A waiver is a commutative contract, and it is valid to be conducted by the discerning adult Muslim who enjoys contractual capacity. Usually, the waiver is registered under an official certificate at one of the Sharia courts, and it`s binding to all parties.

The waiver is framed in accordance with the stipulated compensation. Therefore, an heir could waive his/her rightful share from the deceased`s estate in favor of other heirs against a compensation or nothing. If it is against a compensation, then it is a sale transaction, but if it is against nothing, then it is a gift. In all cases, it isn`t permissible to revoke a waiver save in a father`s gift to one of his children, or by mutual consent. The Jordanian Personal Status Law has permitted revoking a waiver by mutual consent, as stated in article 317.

In conclusion, a waiver is a binding contract that may not be revoked save with mutual consent of both parties. If one of them revokes it, it can`t force the other to follow suit. In addition, waiver cases fall within the jurisdiction of Sharia courts, and they require evidence, so those courts should be resorted to in case of conflict. And Allah the Almighty knows best.

This answer was collected from the official government Iftaa Department of Jordan.

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