I am aged 59 years old and diabetic patient would like to distribute my properties during my life time. I am having one wife and 4 daughters out of them 2 are married and other two are aged 18 years and 16 years old. I don't have sons. I have two son-in-laws and also one grandson and one granddaughter for my daughters. My parents and wife's parents are dead. I am having 4 brothers and 3 sisters alive and wife is having 5 brothers and 3 sisters alive. Under Shariah Law, wife is entitled 1/8 share i.e. 12.5% and 4 daughters are entitled 2/3 of my properties which is equivalent of 66.67%. Please clarify for the distribution of balance 20.83% (100 -12.5+66.67). Who are entitled during my life time or after my death the balance of 20.83% of properties? I am the last brother and all brothers and sisters from both sides are married and having several children.

بسم الله الرحمن الرحيم

(Fatwa: 656/ 88-Tatimmah/SN=5/1439)

 

You are the sole owner of your properties during your lifetime; no one has any share in it. However, if at the time of your death, your wife, daughters, brothers and sisters are alive then whatsoever remains after giving the wife and daughters it shall be divided among the brothers and sisters as per the rule of للذكر مثل حظ الأنثيين(male will get double of female’s share). However, if you keep something with you as per your need and distribute the remaining one during your lifetime as per the above mentioned details then too there is no harm. However, it should be noted that in case of distributing one’s property during lifetime the share of each heir should be given completely into his/her possession otherwise they shall not be considered owner; since what is given during lifetime it is not inheritance rather it is hibah which takes place only after the gifted person takes possession of it.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband