❀ Islamic Ruling on Inheritance Distribution and Bequests (Wasiyyah) ❀
Source:
This article is derived from the book 500 Questions and Answers for Women, based on the Fatwas of the scholars of the Haramain. The translation was done by Hafiz Abdullah Saleem.
My father allocated his agricultural land, which he owned, to one of his sons after his death, even though he had four daughters as well. Is this permissible? If the land were to be distributed among one son and four daughters, how should the distribution take place?
Allah ﷻ has clearly laid down the principles of inheritance in the Qur’an:
يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ
[Surah Al-Nisa 4:11]
"Allah commands you concerning your children: for the male, a portion equal to that of two females."
The Prophet ﷺ said:
"إن الله قد أعطى كل ذي حق حقه، فلا وصية لوارث"
[Narrated by Abu Dawood and al-Tirmidhi – Book of Wills]
"Indeed, Allah has given every rightful person his due share, so there is no bequest for an heir."
Accordingly, the bequest made by the father in favor of only one son is invalid, and its execution is impermissible.
However, if all the legitimate heirs willingly and voluntarily agree to it, then there is no harm. But if even one heir objects, the land must be returned and distributed fairly according to the Shari‘ah-prescribed rules.
If the deceased left behind one son and four daughters with no other heirs, then the division will follow the rule:
“لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ”
i.e., the son receives a share equal to that of two daughters.
The value of the agricultural land should be calculated and then distributed accordingly:
[Shaykh Muhammad bin Salih al-‘Uthaymeen رحمه الله]
Source:
This article is derived from the book 500 Questions and Answers for Women, based on the Fatwas of the scholars of the Haramain. The translation was done by Hafiz Abdullah Saleem.
❖ Question:
My father allocated his agricultural land, which he owned, to one of his sons after his death, even though he had four daughters as well. Is this permissible? If the land were to be distributed among one son and four daughters, how should the distribution take place?
❖ Answer:
Allah ﷻ has clearly laid down the principles of inheritance in the Qur’an:
يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ
[Surah Al-Nisa 4:11]
"Allah commands you concerning your children: for the male, a portion equal to that of two females."
The Prophet ﷺ said:
"إن الله قد أعطى كل ذي حق حقه، فلا وصية لوارث"
[Narrated by Abu Dawood and al-Tirmidhi – Book of Wills]
"Indeed, Allah has given every rightful person his due share, so there is no bequest for an heir."
Accordingly, the bequest made by the father in favor of only one son is invalid, and its execution is impermissible.
However, if all the legitimate heirs willingly and voluntarily agree to it, then there is no harm. But if even one heir objects, the land must be returned and distributed fairly according to the Shari‘ah-prescribed rules.
If the deceased left behind one son and four daughters with no other heirs, then the division will follow the rule:
“لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ”
i.e., the son receives a share equal to that of two daughters.
The value of the agricultural land should be calculated and then distributed accordingly:
- Each daughter receives one share.
- The son receives two shares.
[Shaykh Muhammad bin Salih al-‘Uthaymeen رحمه الله]
