Rights of parent when distributing inheritance amongst their children.Category: QuestionsRights of parent when distributing inheritance amongst their children.
Raza asked 3 years ago

As Salaam Alaykum, I hope this message finds everyone healthy and safe Insha Allah.
My father (he is now passed away) started earning money 60 years ago in a foreign country. Soon after reaching there, he also called my mother, and they both earned money together for a few years. After a few years, my mother returned back to home country. From the money earned overseas, some properties were purchased initially. From profits of selling those properties and by saving money over the years through great difficulty, my mother managed to buy more properties and increase family wealth.
My parents did not get any inheritance from their parents. A major portion of starting money was earned by my parents together, and whatever wealth increase happened after her return to home country was due to sole efforts of my mother. We are 4 siblings, eldest brother, 2 sisters, and I am youngest. One sister is divorcee and has been staying with parents, rest of us are married and live separately.
My father willed verbally that the sons will not be given any share of one of the properties, and that one specific property was to be divided equally only between two sisters. Incidentally, that one property is the most expensive of all properties. There is no credible reason for my father to deny his sons (me and my elder brother) a share in that property, and no explanation was given. The daughters got help in the form of dowry and marriage assistance, but the sons were left to be on their own since age of 22-25 years. Despite this, it is me and my brother who have helped the family whenever the need for money has arisen. Both I and my brother have fulfilled our responsibilities to our best abilities whenever called upon.
My queries for your guidance please:

  1. Does the father have the right to deny sons a share in one of the properties without giving any credible reason?
  2. Are there any wajib inheritance guidelines in Sharia to which my father and mother must comply, or are they completely free to decide how much they give to which child even if it means injustice to one or more of their children?

Thank you for your guidance, Jazaak Allah.

1 Answers
Fadhel Al-Sahlani Staff answered 3 years ago

Salamun Alaikum! Hope you are doing well. We are sorry for replying you late.
When parents are alive, they are free to use their wealth or assets in the ways they want under the Sharia guidelines. When they die then if there is any will he left then it needs to be followed. Otherwise his inheritance will be distributed among his the closest relatives like spouse, kids, parents, siblings according to the Sharia rules. In your case, the father has no right to discriminate or to deny any of his children.