The Ruling on Depriving Daughters of Inheritance
Machine translationRead the Arabic original
السؤال:
This is a listener from Jordan who wrote—truthfully—a long question, the summary of which is: Her Eminence the Shaykh—and she wrote this letter in her own style—says: It has become the custom in our village that daughters do not inherit, but rather they are given some money in exchange for these daughters waiving their share of the inheritance to their brothers. They say that it is a sale and purchase. I am eager to please my father, and my father has offered us—the daughters—an amount of money in exchange for waiving our share, we daughters, to our brothers. She says: Knowing that the money is from my father, not from my brothers. And I told my father that this is not permissible, and that it exposes him to punishment. But my brothers tell my father that they will not work the land or the trees unless it is registered in their names. And my father is insistent on agreeing. So we ask Her Eminence the Shaykh to answer.
Answer:
It is not permissible for the father to give the sons the inheritance exclusively, nor to compel the daughters to take compensation. This is an abomination, this is from the practice of the pre-Islamic age of ignorance, and it is not permissible. Rather, he must help in the matter of the Shari'ah, and the estate must be for everyone, for the sons and the daughters[An-Nisa 4:11] as Allah the Exalted said: [Surat al-Nisa: 12].
And likewise, full brothers and paternal brothers inherit[An-Nisa 4:11] as He (Exalted and Majestic is He) said: [Surat al-Nisa: 176], meaning: full brothers and paternal brothers. This is obligatory, and it is not permissible for the father, nor for the brother, to deviate from this matter. This is a forbidden abomination, from the custom of the pre-Islamic age of ignorance. The people of the pre-Islamic age of ignorance did not give inheritance to women and children, but gave it to the adult males. And this is a great error. No... it is not permissible for a Muslim to imitate the disbelievers. Rather, the estate is for the young and the old, the males and the females, according to the division of Allah. And it is not permissible for the father to compel the daughters, or to give them something without their consent to allow it. No, rather, they must be enabled to take their inheritance. Yes.
The presenter: May Allah reward you, O Shaykh.
This is a listener from Jordan who wrote—truthfully—a long question, the summary of which is: Her Eminence the Shaykh—and she wrote this letter in her own style—says: It has become the custom in our village that daughters do not inherit, but rather they are given some money in exchange for these daughters waiving their share of the inheritance to their brothers. They say that it is a sale and purchase. I am eager to please my father, and my father has offered us—the daughters—an amount of money in exchange for waiving our share, we daughters, to our brothers. She says: Knowing that the money is from my father, not from my brothers. And I told my father that this is not permissible, and that it exposes him to punishment. But my brothers tell my father that they will not work the land or the trees unless it is registered in their names. And my father is insistent on agreeing. So we ask Her Eminence the Shaykh to answer.
Answer:
It is not permissible for the father to give the sons the inheritance exclusively, nor to compel the daughters to take compensation. This is an abomination, this is from the practice of the pre-Islamic age of ignorance, and it is not permissible. Rather, he must help in the matter of the Shari'ah, and the estate must be for everyone, for the sons and the daughters
for the male, what is equal to the share of two females
للذكر مثل حظ الأنثيينAllah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِAnd likewise, full brothers and paternal brothers inherit
for the male, what is equal to the share of two females
للذكر مثل حظ الأنثيينIf there are both brothers and sisters, the male will have the share of two females.
وَإِنْ كَانُوا إِخْوَةً رِجَالًا وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِThe presenter: May Allah reward you, O Shaykh.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.