Should a father's will, stipulating housing and financial support from his endowment for his divorced daughter, be executed after his death, if the daughter was the one who initiated the divorce (khulʿ)?
Issues related to endowments (waqf) require careful scrutiny of the endowment's wording. If a father bequeaths to his daughter that she and her children be provided for from the endowment whenever she is divorced, then this bequest is effective, and the daughter and her children become beneficiaries of the endowment if she separates from her husband, whether by divorce or khul'. Khul' is considered a divorce by the majority of jurists, even if some consider it an annulment (faskh). And even if it were an annulment, the father's intent is usually to provide for her whenever she separates from her husband, out of compassion for her, without distinguishing between divorce and annulment.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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