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The question

Is it permissible for children to demand their share of the inheritance from their father, who bequeathed his properties to his new wife and their children only? And what is the ruling of the Sharia on the father's action?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Regarding a man writing [a will or gift deed] to his wife, if it is a will, it is valid if the adult heirs permit it; otherwise, it is not, based on the Prophet's (peace be upon him) saying: "A third, and a third is much," and "No will for an heir."

However, if it was an immediate gift (huba) and the wife took possession of it, then it is valid, unless it was intended to harm the heirs, for "harm must be removed" and "there shall be no harm or reciprocating harm."

And if the will exceeded one-third and the heirs did not permit it, then she is entitled only to one-eighth, and the remainder is returned to the heirs.

This action of the man is not wise, based on the Prophet's (peace be upon him) saying: "It is better for you to leave your heirs wealthy than to leave them dependent, begging from people." And if he intended to deprive them of their inheritance, then his action is forbidden and unenforceable.

Finally, matters of inheritance are serious and complex and should be referred to the Sharia courts for investigation and consideration of all aspects before distribution.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
75102
Imported
Translation status
Source text, unreviewed
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