Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

dear brother,

assalamalaikum
can a father will money to his divorced daughter, buying a house etc, so that she can spend her life comfortably and then balance amount be distributed after his death towards his heirs e.g his wife, one son and two daughters out of which one is divorced.awaiting your reply. also please advise if inheritance is to be distributed only towards living brothers and sisters or also deceased ones if no son and only one daughter.

thankyou
salaams 

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Answer:

Inheritance to dead

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: can a father will money to his divorced daughter, buying a house etc, so that she can spend her life comfortably and then balance amount be distributed after his death towards his heirs e.g his wife, one son and two daughters out of which one is divorced

Sunan of Abu-Dawood Hadith 3558 Narrated by Abu Umamah

I heard the Messenger of Allah (saws) saying: ‘Allah Most Exalted, has appointed for everyone who has a right what is due to him, and no will be made to an heir, and a woman should not spend anything from her house except with the permission of her husband.’

The All-Knowing, All-Wise, All-Just Lord has Decreed, appointed, and named the heirs of one who dies, and it is absolutely illegal, unlawful and prohibited in Islam for one to make a will in favor of anyone who is their legal heir. A daughter is one of those for whom Allah Subhanah has appropriated a share from her father’s inheritance, thus it would not be lawful nor permissible for one to make a will for their daughter.

Even if one who was not aware of the Shariah Law were to make a will before his death for one amongst his legal heirs (parents, wife, children, etc.), provided the deceased was a believer, that will shall be rejected and not honored, and the distribution of the deceased property will be done according to the dictates of the Shariah Law of Inheritance.

But there is absolutely no harm if a father wishes to gift his daughter or anyone anything from his wealth, when he is still alive.

Your Question: also please advise if inheritance is to be distributed only towards living brothers and sisters or also deceased ones if no son and only one daughter.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 11:

11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.

As a general rule, the inheritance in Islam is always distributed amongst the surviving legal heirs of the deceased, and never is a portion of the wealth of the deceased ever assigned to anyone who died before the deceased!

If the deceased is survived by only one daughter (and assuming none amongst the parents, wives, and sons of the deceased are alive) and brothers and sisters, the one daughter will receive 50% of the inheritance of her father, and the balance 50% will be divided amongst the surviving brothers and sisters of the deceased, whereby the brothers will receive twice the share of the sisters. The brothers and sisters who died before the death of the deceased (or their surviving children) will receive nothing.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan