Title: With all respect I have a question in regards to a fathers wealth distribution. We could not find a ulooma whose capable of giving answers to our questions here in Fiji. I believe your instituion compromises of uloomas of high calibre. Question one: What is the true concept or shariah rulling on how a fathers wealth should be distributed among his children? Question two: Does Shariah allow a father to decide what he will give to which child? Question three: Can a father decide not to give anything to one child? Question four: What happens if the father makes a will for properties to be distributed after his death, who gets what? Question five: What percentage is to be left to the wife? Question six: Suppose if one of the son passes away does is his share from the fathers wealth suppose to be directed to his wife and kids or does his share no longer exist? Question seven: Do the girls receive equal shares as the boys? The other issue I have is can a muslim eat or drink at another muslims house who meaningly promotes and consumes haraam meat at their home, such as meat which is slaughtered against shariah practices or in other words I should say those animals who are stunned prior to slaughter or being mechanically slaughtered. Also I would like to know if a Muslim has got a practice or promotes munafiqat, and there are solid evidences of him promoting munafiqat such as hiding the truth and speaking untruthfully, can we call them a munafiq? and what are the signs of a munafiq as per Al-quran. Some of my questions may be offending but it is extremely difficult to live amongst the muslim community in Fiji and New Zealand. Your answers will make my life much easier insha-Allah.

Question: Assalamu-wa-alaikum, With all respect I have a question in regards to a fathers wealth distribution. We could not find a ulooma whose capable of giving answers to our questions here in Fiji. I believe your instituion compromises of uloomas of high calibre. Question one: What is the true concept or shariah rulling on how a fathers wealth should be distributed among his children? Question two: Does Shariah allow a father to decide what he will give to which child? Question three: Can a father decide not to give anything to one child? Question four: What happens if the father makes a will for properties to be distributed after his death, who gets what? Question five: What percentage is to be left to the wife? Question six: Suppose if one of the son passes away does is his share from the fathers wealth suppose to be directed to his wife and kids or does his share no longer exist? Question seven: Do the girls receive equal shares as the boys? The other issue I have is can a muslim eat or drink at another muslims house who meaningly promotes and consumes haraam meat at their home, such as meat which is slaughtered against shariah practices or in other words I should say those animals who are stunned prior to slaughter or being mechanically slaughtered. Also I would like to know if a Muslim has got a practice or promotes munafiqat, and there are solid evidences of him promoting munafiqat such as hiding the truth and speaking untruthfully, can we call them a munafiq? and what are the signs of a munafiq as per Al-quran. Some of my questions may be offending but it is extremely difficult to live amongst the muslim community in Fiji and New Zealand. Your answers will make my life much easier insha-Allah. Jazak Allah, Feroz Gulam Mohammed ph: 679 9921881 / 679 3411700

Answer ID: 24592Posted on: Aug 30, 2020

Bismillah hir-Rahman nir-Rahim !

(Fatwa: 1285/1285/M=1431)

(1) If father wants to distribute his property among his children in his lifetime he can do so, it is allowed in Shariah. Whatever thing a father in his lifetime gives to his children it is called hibah (gift) and after the death of father the property, left by him is called mirath (inheritance) which is distributed among all the legal heirs as per the shares determined by Shariah. The rulings of hibah (gift) and mirath (inheritance) are different. They are written in the books of fiqh in details.
(2 & 3) It is mentioned in hadith that one should maintain equality among one's children. Hence the scholars of Fiqh have written that while giving gift it is better to award equal shares to all the children, though male or female. If someone is more pious and obedient or more needy then in return of his piety, obedience or need he can give them extra. If someone is quite disobedient, he can decrease his shares. However, it is lawful to differentiate in gifting because of some sound reasons. . But, doing so unnecessarily or depriving someone completely is not right rather it is injustice. In general, it is mustahab to give each one (son or daughter) equal share.
(4) Will made for heir it is invalid as it is mentioned in hadith:
لا وصية لوارث
Will declared for heir is invaid.
And if the will is for one other than heir, then it shall be fulfilled in one third property of testator.
(5) Wife is heir of her husband hence husband cannot make will for her. However, whatever share the husband considers suitable for his wife, he can give her in his lifetime. This point should be noted while giving hibah that the gifted property should be given in the possession of the beneficiary and the gifted should withdraw from it; otherwise the hibah shall not be complete (whether the beneficiary is wife or children).
(6) Hibah requires equality, while in inheritance a daughter gets half share of a son.
(7) If it is sure or strong presumption that he eats haram meat, you should avoid eating meat at his home and shun doubting him unnecessarily.
(8) There are three signs of munafiq (hypocrite) mentioned in hadith: (1) Whenever he speaks he tells lie. (2) He swears whenever he fights (3) and whenever he is assigned a trust he betrays it. . If someone has the characters of hypocrisy he shall bear the sin reap the consequences. He should make tauba, but it is not right for others to call him hypocrite.