Back to search
The question

What is the ruling of Islamic law regarding a sixty-year-old man who has no children writing a sales contract to his wife to secure her right to the house from distant relatives who intend to seize the house after his death? And do these relatives have a right to inheritance?

Share this answer

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

If the man’s intention in writing his house to his wife is to transfer its ownership to her after his death, then it is a bequest to an heir, which is impermissible unless approved by the mature and sane heirs. If the intention is to transfer ownership to her during his lifetime, then it is a gift that is permissible, provided there is proper possession. However, it is not permissible if the intention is to deprive other heirs.

Regarding the heirs: If the man dies leaving only his wife and the relatives you mentioned, the wife inherits one-quarter, and the remaining three-quarters of the estate go to his closest male agnates. The other relatives have no right, as the Prophet, peace and blessings be upon him, said: "Give the prescribed shares to those who are entitled to them; then whatever remains is for the closest male agnate." It is preferable to refer inheritance cases to the court for a ruling.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
114784
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy