Question

Salam’s

1) My dad would like to distribute his wealth equally amongst his daughter, son and wife. How can he do this islamically? Inheritance / gifting

2) Please can you advise the rules of inheritance islamically?

3) Please can you advise the rules of gifiting equally islamically?

4) In inheritance can my farther stipulate in his Will that his wife is to inherit 3 properties, if the value of these properties will take her above her Islamic share value of (1/8)?

5) If some of the properties that have been allocated to me and my brother are legally in joint names in English law with his wife. Should my farther transfer the assets on to his sole name to avoid legal dispute later?

Please can you respond to the above questions in the light of Qur’an and hadeeth along with any supporting evidence would be appreciated.

Jkz for your time, I await your response.

Answer

In a person’s lifetime, they have the authority to give their assets to anyone they choose. Additionally, they can bequest up to 1/3 of their estate to be distributed as they wish after their passing. However, this 1/3 portion cannot be designated for an heir. If it is, the heir will only receive it if the rest of the heirs agree to give it to them. The remaining 2/3 must be distributed among the heirs according to the shares determined by shariʿah. These allocations are fixed and cannot be altered.

1. During your father’s lifetime, he can gift his assets to his children and wife. However, once gifted, these assets will no longer belong to him. If such gifting is not done during one’s lifetime, then his assets will be distributed according to the shares stipulated by shariʿah. For detailed information on the correct procedure for gifting assets, please refer to the link provided below.
2. While we have briefly discussed this topic above, you can find more in-depth information in the link below. If you have specific questions, please feel free to submit them in a new question.
3. It is allowed to gift assets equally to one’s relatives during one’s lifetime.
4. This will not be permissible. The deceased can only specify the distribution of up to 1/3, and this portion cannot be given to someone who is already an inheritor.
5. If you anticipate that the current arrangement may lead to disputes, it might be safer to have the properties in your father’s name. Please be aware that there could be tax implications for which you may need to consult with a solicitor. From a religious perspective, if your father retains ownership of the properties but keep the title in your name, the properties will form a part of his estate. However, this religious stance might not hold in a court of law.

For more detailed information on inheritance and gifting assets, we recommend watching the following video:

https://www.youtube.com/watch?v=Xw5AT97DcEg&ab_channel=ZamZamAcademy

Answered by:
Ifta Research Fellow

Checked & Approved by:
Mufti Abdul Rahman Mangera
Mufti Zubair Patel