Author:
Dr. Muhammad Zia ur Rahman Azmi (may Allah have mercy upon him)Endowing All Wealth Exclusively to One’s Children
It is not permissible for a person to endow all of his wealth solely to his children, as this involves partiality. Such an endowment deprives the wife and other heirs of their rightful inheritance according to Islamic law. Those heirs who do not benefit from this endowment are deprived of both their rightful share of inheritance and the benefit of the endowment. Those who do benefit from it are deprived of their share of inheritance and cannot dispose of the portion of inheritance that was their due. Hence, this is an action contrary to Islamic law.The proper approach according to Shariah is that a person should bequeath up to one-third of his estate for charitable purposes and endow its income for the benefit of needy heirs, so that they can continue to receive sustenance from it. There is no harm in doing so.
It is narrated in Sahih al-Bukhari and Sahih Muslim that when Sa’d رضي الله عنه asked the Prophet صلى الله عليه وسلم if he could bequeath all his wealth, the Prophet صلى الله عليه وسلم replied:
“No.”
Sa’d then asked: “Half?”
The Prophet صلى الله عليه وسلم again said:
“No, a third, and a third is still too much.”
[Sahih al-Bukhari, Hadith No. 1295; Sahih Muslim 1628/5]
Imam Ahmad, Abu Dawud, and Tirmidhi have narrated that the Prophet صلى الله عليه وسلم said:
“There is no bequest for an heir.”
[Sunan Abi Dawud, Hadith No. 3565]
[Al-Lajnah al-Da’imah: Fatwa No. 577]
