Are Inheritance Allocations Absolutely Fixed?
Question
Title: Are Inheritance Allocations Absolutely Fixed? Question: Thank you for your most helpful response to my question regarding submission to truth. The Qur'an commands that parents allocate twice as much inheritance for their son as for their daughter. Is this law absolutely fixed or is there any flexibility in the Shar'iah that would allow parents to allocate more to their daughter than to their son? Let us suppose the daughter is younger and unmarried. She is struggling to earn a living and needs some financial aid from her parents. The son, on the other hand, is financially secure and does not plan to get married until much later. The parents only have so much money they can allocate between their son and daughter. Would it be permissible for them, in view of the circumstances, to allocate more inheritance to the daughter or this completely forbidden? Thank you, Omar Sarwar Answer: The referred law relates to the distribution of the wealth left behind by a deceased. It does not hinder a person from giving any part of his wealth to any of his relatives, friends or other needy individuals, during his life. Thus a person may during his life, transfer any part of his wealth to any one or more of his children, without being unjust to the others. However, the law does not allow any Muslim the right to bequest in favor of any of or the other inheritors, thereby, altering their prescribed shares of inheritance. To clarify the above, I may give any part of my possessions to any of my friends or relatives (including my children), during my life. This really implies that after such a transfer, the ownership rights as well as the possession of that piece of wealth shall rest with the transferee and shall no longer remain with the first owner. However, the person, in view of the prescriptions of the Shari`ah , does not have the right to alter the relative shares of the inheritors, by way of bequest. The prescribed shares of the inheritance cannot be altered under any circumstances. However, the individual inheritors have all the right to give their share to anyone, whom they consider to be in need. I hope this helps. Regards, Moiz Amjad October 17, 2001
Answer
Title: Are Inheritance Allocations Absolutely Fixed? Question: Thank you for your most helpful response to my question regarding submission to truth. The Qur'an commands that parents allocate twice as much inheritance for their son as for their daughter. Is this law absolutely fixed or is there any flexibility in the Shar'iah that would allow parents to allocate more to their daughter than to their son? Let us suppose the daughter is younger and unmarried. She is struggling to earn a living and needs some financial aid from her parents. The son, on the other hand, is financially secure and does not plan to get married until much later. The parents only have so much money they can allocate between their son and daughter. Would it be permissible for them, in view of the circumstances, to allocate more inheritance to the daughter or this completely forbidden? Thank you, Omar Sarwar Answer: The referred law relates to the distribution of the wealth left behind by a deceased. It does not hinder a person from giving any part of his wealth to any of his relatives, friends or other needy individuals, during his life. Thus a person may during his life, transfer any part of his wealth to any one or more of his children, without being unjust to the others. However, the law does not allow any Muslim the right to bequest in favor of any of or the other inheritors, thereby, altering their prescribed shares of inheritance. To clarify the above, I may give any part of my possessions to any of my friends or relatives (including my children), during my life. This really implies that after such a transfer, the ownership rights as well as the possession of that piece of wealth shall rest with the transferee and shall no longer remain with the first owner. However, the person, in view of the prescriptions of the Shari`ah , does not have the right to alter the relative shares of the inheritors, by way of bequest. The prescribed shares of the inheritance cannot be altered under any circumstances. However, the individual inheritors have all the right to give their share to anyone, whom they consider to be in need. I hope this helps. Regards, Moiz Amjad October 17, 2001
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