❖ Property Distribution: A Review of Life and Death Principles ❖
❀ Question
There exists a difference of opinion regarding the distribution of property. If property is distributed during the lifetime of the owner, it is said that sons and daughters should receive equal shares. However, after death, a daughter receives half the share of a son. Some Ahl-e-Hadith scholars support this stance, whereas many Arab scholars maintain that the daughter should receive half the share in both scenarios—before and after death. Which of these positions is correct?
✿ Answer by Shaykh Abdul Wakeel Nasir حفظه الله
The Prophet Muhammad ﷺ said:
Hadith:
"فَاتَّقُوا اللَّهَ وَاعْدِلُوا بَيْنَ أَوْلَادِكُمْ، قَالَ: فَرَجَعَ فَرَدَّ عَطِيَّتَهُ"
[Sahih al-Bukhari: 2587]
"Fear Allah and maintain justice among your children." So he returned and took back his gift.
◈ Basis of the Disagreement
✔ Meaning of Justice (عدل):
① Those who interpret justice as equality, believe that sons and daughters should be given equal shares in property if it is distributed during the owner’s lifetime.
② Those who interpret justice as giving each their due right, maintain that even during the lifetime, the distribution should follow the Quranic principle: the male receives the share equal to that of two females.
◈ Distribution After Death
✔ After death, the distribution of inheritance is clearly defined by Allah ﷻ in the Qur'an:
A male heir receives the portion equal to that of two females.
The stance of many Arab scholars is based on this divine ordinance, and they prefer applying the same principle even during lifetime distributions.
◈ Distribution During Lifetime
Distributing property in one’s lifetime is not considered inheritance or estate division; rather, it falls under the category of gift (ھبہ), donation, or grant. In this case, the following principles apply:
① If both son and daughter agree on a certain division (e.g., daughter receives 8 annas and son 1 rupee), it is permissible.
② If mutual consent is not present, then equality in distribution can be adopted.
③ There is no need for rigidity in this matter; decisions can be made according to circumstances and mutual consent.
Conclusion
✦ After Death:
Inheritance must follow the division ordained by Allah ﷻ:
A male receives the share of two females.
✦ During Lifetime:
Property distribution is categorized as a gift, wherein equality or proportionality may be applied based on mutual agreement and context.
Thus, both positions hold merit within their respective contexts. However, in the matter of lifetime distribution, there is no need for strict enforcement; the matter may be settled with flexibility and fairness.
