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:

Assalam Alukum

I would like to ask something regarding your answer to question 251-1739: Division of inheretance. I understand that after giving a certain amount to wife, parents etc.. the rest of a persons will should be given to the children where the males get twice the amount as the females according to Sharia. You also say it is a sin to not make a will according to sharia. However what i would like to know is if a person had say, seven children and in their old age only two of these children actually paid any attention to theim, supporting them financially and emotionally, while the others barley saw theim at all and refused to help take care of them, would it still be Haram to give the good children more than the others regrdless of what sex they are.

Thank you

Wasalam

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Inheritance given to some children more than the others

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.

One may, in his lifetime, give whatever he wills to whomever he wills; provided his intention is not to intentionally deprive his legal heirs of their right of inheritance.

Inheritance is not a reward for a service rendered to ones parents, or to those from whom the legal heirs inherit; but it is a prescribed right which Allah Subhanah has Decreed to be distributed amongst the legal heirs of the deceased in due proportion. The reward of those who served their parents in their old age, and the punishment of those who abuse and disown their parents, will be given to them in full in the Just Court of Allah Subhanah on the Day of Judgement!

If parents were given the right to distribute their wealth amongst their legal heirs according to who served them the most, it would inevitably result in ill-feeling, or fights, or court-cases, or the breaking of relationships between the family, as each would think he got less than he deserved and was cheated out of the inheritance of his deceased parent! It would shake the very foundation of the family structure, which Islam so guides and commands to uphold.

Regardless of who served the parents until their death, and who abused and disowned them; the parents have absolutely no right in Islam to make a will regarding the distribution of wealth amongst their legal heirs after their death. The distribution of inheritance will be done exactly as per the commands Allah Subhanah has laid down in the Glorious Quran! If any believer makes a will that undermines the distribution parameters Decreed by Allah Subhanah, he will be brought forth as a criminal in the Court of Allah Subhanah on an Inevitable Day.

After declaring the distribution parameters of inheritance in Surah Nisaa verses 11-12, Allah Subhanah declares the reward of those who abide by his laws, and prescribes the punishment of those who transgress the laws of Allah and His Messenger:

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 13-14:

13 Those are limits set (regarding inheritance) by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

14 But those who disobey Allah and His Messenger and transgress His limits, will be admitted to a fire to abide therein: and they shall have a humiliating punishment.

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

Your Brother in Islam,

Burhan