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Distributing money as Inheritance

 

Nasihah (Advice): Learn the laws of inheritance

Sayyiduna Abdullah Ibn Masud radiyallahu anhu reported that Rasulullah (sallallahu ‘alayhi wa sallam) said, “Learn the [laws of] inheritance and teach it to people for I will pass away soon. Knowledge will soon be taken away so much so that two people will argue regarding inheritance but will be unable to find someone to pass a verdict for them.” [Mustadrak Haakim]

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Question and Answer:

 

  1. A parent wants to give her children money as inheritance. Does she have to follow Shari’ah and give her sons double or can she give her children equal amounts?

 

(Question published as received)

 

  1. Whatever is given in one’s lifetime falls under gifts and is not subject to the rules of inheritance.

 

In gifting to one’s children, it is preferable to distribute the money equally amongst the children. However, if for valid reasons one wishes to give one of the children more than the others, then there would be no issue in doing so. (Fataawa Hindiyyah 4/391)

 

And Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

Mufti Moosa Salie

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

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