Is it permissible to prefer females over males because of their obedience?
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Fatwa number ( 2738 )
Q: I have a private family matter. Two of my sons are married and live in properties that belong to them. They are disobedient, their hearts are hard, and they do not know how to be kind, and Allah loves those who do good. I complained about them to the urgent matters judge, and he imprisoned them and confiscated their properties. I was not satisfied with their testimony, and the one who caused this is their mother. I have three daughters, and each daughter has a mother, and each one lives with her mother. Allah, Glorified and Exalted is He, provides for their sustenance, and I am
73 years old, and my profession is buying and selling. The sons threaten the women, vowing to take revenge on them after I pass away, even though they are dutiful and obedient, and they are with me. Each one of them has a residence from the old properties. I have decided to clear my conscience regarding the women and give each one a specific residence in exchange for her rights, by means of legal deeds of ownership from their properties, out of concern for them so that they do not become exposed in the Shari'ah courts with their disobedient brothers. In the hidden part of the deeds and documents, if I pass away, the bequest will be executed according to it. As for the male children, I have become convinced of them, and it has been established for me the hardness of their hearts and their lack of mercy toward their female sisters, and advice has not benefited them. After this, please pay attention to this and do what you see will save us on the Day of Resurrection from the Lord of the Worlds.
A: It is obligatory for a Muslim to be just between his children, male and female, in giving; for it is established from the saying of the Prophet (peace and blessings be upon him) in the hadith of al-Nu'man ibn Bashir (may Allah be pleased with them both):Sahih al-Bukhari 2587 , and a bequest to an heir is invalid in the ruling of Allah the Exalted, even if documents of sale were written for the heirs in exchange for a nominal price that is not real. However, if they are deeds of sale for a real price with no favor involved, there is no harm.
Know that writing something for the females without the males does not ward off the malice of the males against the females, and it may increase their anger toward them, their envy of them, and their severity in harming them. So fear Allah and be just between your children, male and female, and write for each one his share as in inheritance, and hand them the deeds in your lifetime so that they may dispose of them as they wish if they are of sound mind, and leave the division of your properties to be an inheritance for the one who survives you after your death. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I have a private family matter. Two of my sons are married and live in properties that belong to them. They are disobedient, their hearts are hard, and they do not know how to be kind, and Allah loves those who do good. I complained about them to the urgent matters judge, and he imprisoned them and confiscated their properties. I was not satisfied with their testimony, and the one who caused this is their mother. I have three daughters, and each daughter has a mother, and each one lives with her mother. Allah, Glorified and Exalted is He, provides for their sustenance, and I am
73 years old, and my profession is buying and selling. The sons threaten the women, vowing to take revenge on them after I pass away, even though they are dutiful and obedient, and they are with me. Each one of them has a residence from the old properties. I have decided to clear my conscience regarding the women and give each one a specific residence in exchange for her rights, by means of legal deeds of ownership from their properties, out of concern for them so that they do not become exposed in the Shari'ah courts with their disobedient brothers. In the hidden part of the deeds and documents, if I pass away, the bequest will be executed according to it. As for the male children, I have become convinced of them, and it has been established for me the hardness of their hearts and their lack of mercy toward their female sisters, and advice has not benefited them. After this, please pay attention to this and do what you see will save us on the Day of Resurrection from the Lord of the Worlds.
A: It is obligatory for a Muslim to be just between his children, male and female, in giving; for it is established from the saying of the Prophet (peace and blessings be upon him) in the hadith of al-Nu'man ibn Bashir (may Allah be pleased with them both):
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمKnow that writing something for the females without the males does not ward off the malice of the males against the females, and it may increase their anger toward them, their envy of them, and their severity in harming them. So fear Allah and be just between your children, male and female, and write for each one his share as in inheritance, and hand them the deeds in your lifetime so that they may dispose of them as they wish if they are of sound mind, and leave the division of your properties to be an inheritance for the one who survives you after your death. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.