Distribution of property among offspring within one’s life

Darulifta Ahlesunnat

(Dawateislami)

Question

What do the Islamic scholars and respected Muftis of Shari’ah say about the following issue: If a person wants to distribute his property among his offspring within his life, so what is the ruling? How much will be the share of sons and daughters? If someone gives a share to some of his offspring and does not give any share to some others, then what is the ruling regarding this? Moreover, can offspring force their parents within their life into giving them these shares?

بِسْمِ اللہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Within one’s lifetime, every person has authority over all of the wealth he owns. He can spend all of his wealth and can also give it to someone. Within his lifetime; his wife, children or anyone else has no right over his wealth in terms of inheritance. Therefore, offspring cannot force their father into giving them these shares either. However, if someone wants to distribute his wealth among his offspring within his lifetime, it is better that he distributes it equally among his sons and daughters. This is because a son receives double as compared to a daughter in case of inheritance, and inheritance is distributed after death. However, if he gives a double share to his son as compared to his daughter, this is also not impermissible. Moreover, if any of his children has superiority, for example, he is a religious student or an Islamic scholar or serves parents more, then there is no harm in giving him more. Giving wealth to others with the intention of depriving offspring or some of other real heirs of inheritance is not permissible.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّم

Answered by:Maulana Naveed Chishti

Verified by:Mufti Muhammad Qasim Attari