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Can Your Father Gift You 90% of Wealth?

10 September, 2023
Q My father is writing his will we are 1 brother and two sisters. Can my father give his son 90% of his wealth while he is alive?

Answer

In the Name of Allah, Most Gracious, Most Merciful. 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

  1. Your father cannot gift his son 90% of his wealth while he is alive. It is a grave offense and a case of blatant discrimination.
  2. So, if your father wants to distribute his wealth to his children while he is alive, he should not discriminate; instead, he should divide it equally between the three of you.

Responding to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

Your father cannot gift his son 90% of his wealth while he is alive. It is a grave offense and a case of blatant discrimination.

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Prophet Muhammad (peace be upon him) orders the parents to be fair and just in dealing with their children.

Once a man approached the Prophet, saying: ‘I want to give this son of mine a gift, and I want you to witness it.’ The Prophet asked him, did you give each of your children the same kind of gift? The man said, ‘No,’ then the Prophet told him, “No. I cannot be a witness to an unfair action.” (Muslim)

So, if your father wants to distribute his wealth to his children while he is alive, he should not discriminate; instead, he should divide it equally between the three of you

For more, see these answers:

Denying Females Their Share in Inheritance: Permissible?

Can We Choose to Split Inheritance Shares Equally?

Difference in Inheritance between Men and Women: Why?

Is It Permissible to Prevent Father from Inheritance in Islam?

Depriving a Trouble-Making Uncle of Inheritance: Permissible?

Is Selling My Right to an Inheritance Permissible?

Almighty Allah knows best.

Source: Askthescholar.com

About Sheikh Ahmad Kutty
Sheikh Ahmad Kutty is a Senior Lecturer and an Islamic Scholar at the Islamic Institute of Toronto, Ontario, Canada