Questions regarding the endowment of wealth on some children and their descendants to the exclusion of others

Question:
He has two questions that are identical in content, though the wording differs. He asks: What is Your Eminence’s opinion regarding a person who says, “I have endowed all that I own—my house, real estate, and money—on the males of my descendants, excluding the females,” on the grounds that in the custom of the country, “the males” refers to the sons, and that a woman rarely returns to the family home because she remains with her husband and children? Does this fall under the endowment of injustice and deprivation that the Shari'ah does not approve? His second question is identical to the first. He asks: What is Your Eminence’s opinion regarding a person who endows his wealth—his house and real estate—on the sons of the males, excluding the daughters of the females?

Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may peace and blessings be upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows, this is a matter on which there is disagreement among the scholars. Some of them hold that this endowment on the males to the exclusion of the daughters of the females is permissible, if he endows it on his sons and daughters, and then on the sons of the males to the exclusion of the daughters of the females. There is disagreement among the scholars on this; some hold that it is valid, while others do not hold it to be valid, considering it an unjust endowment. The ruling in this matter is referred to the Shari'ah courts in the country of the endowment, who will examine it and rule according to what they see as conforming to the pure Shari'ah. However, if he endows it on the males to the exclusion of the females, on his sons to the exclusion of his daughters, this is not permissible. This is a forbidden endowment without doubt, because it is injustice and not equity. The Prophet (peace and blessings be upon him) said, “Fear Allah and be just among your children.” Therefore, the one who endows his property or part of his property on his male children to the exclusion of his daughters, this endowment is not valid according to the correct opinion of the scholars; rather, it must be annulled.
As for if he says, “on the sons and daughters of the males, and then on the sons of the family to the exclusion of the daughters,” this is a matter of disagreement among the scholars. Some of them permit it, and some do not permit it. The reference in this matter is to the Shari'ah courts in the country of each endowment. We ask Allah for success for everyone.