Author: Dr. Muhammad Zia-ur-Rahman Azmi رحمه الله
Depriving the Wife from Inheritance
Question:
A man wrote in his will: “When I die, the estate I leave behind will belong to my real brothers, and my wife will have no share in the inheritance.”
Answer:
This is a prohibited act because it involves bequeathing to some heirs while depriving others, which is a transgression against the limits set by Allah. Allah has assigned a portion to the wife as well: if her husband has children, her share is one-eighth; if he has no children, then her share is one-fourth.
The Messenger of Allah صلى الله عليه وسلم said:
"Indeed, Allah has given every rightful person their due, so there is no bequest for an heir."
[Sunan Abu Dawood, Hadith no. 3565; Sunan al-Tirmidhi, Hadith no. 2120]
This is an unjust will, and the person making it is sinful. If he is alive, he must tear it up. The heirs are obligated to divide the wealth according to the limits set by Allah, granting the wife her complete share as well as ensuring that everyone else receives their rightful portion.
[Ibn Uthaymeen: Noor ‘ala al-Darb: 14/249]
Depriving the Wife from Inheritance
Question:
A man wrote in his will: “When I die, the estate I leave behind will belong to my real brothers, and my wife will have no share in the inheritance.”
Answer:
This is a prohibited act because it involves bequeathing to some heirs while depriving others, which is a transgression against the limits set by Allah. Allah has assigned a portion to the wife as well: if her husband has children, her share is one-eighth; if he has no children, then her share is one-fourth.
The Messenger of Allah صلى الله عليه وسلم said:
"Indeed, Allah has given every rightful person their due, so there is no bequest for an heir."
[Sunan Abu Dawood, Hadith no. 3565; Sunan al-Tirmidhi, Hadith no. 2120]
This is an unjust will, and the person making it is sinful. If he is alive, he must tear it up. The heirs are obligated to divide the wealth according to the limits set by Allah, granting the wife her complete share as well as ensuring that everyone else receives their rightful portion.
[Ibn Uthaymeen: Noor ‘ala al-Darb: 14/249]
