Causing harm to any of the inheritors with a will is forbidden

10-3-2009 | IslamWeb

Question:

DEAR JANAB I WOULD LIKE TO ASK THE QUESTION REGARDING ISLAMIC WILL. MY FATHER BEFORE HE DIED HE HAD WRITTEN WILL THAH ALL THE ASSET IN HIS NAME CAN BE DIVIDED BY HIS SONS ONLY AFTER MY MOTHER. WASSALAM ABDUL
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

 

If your father meant that his inheritance should not be divided after his death but only after the death of his wife –if we presume that she dies after him –then this will is not valid and the heirs are not obliged to act according to it. Furthermore, if he has heirs other than his sons, like having daughters, then this will is also void because it is a will for an heir. It is known that a will for an heir is forbidden and it is not valid unless all the heirs consent to it. Moreover, preventing the daughters from inheritance is among the traditions of the people of the pre-Islamic era of ignorance, and it is an unjust will. Causing harm (to any of the inheritors) with a will is forbidden and the scholars may Allaah have mercy upon them considered it as one of the grave major sins.

Allaah Knows best.

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