Inheritance

الاستفتاء

I have three daughters and two sons. I am an equal partner in the business with my brother. Both of my sons get monthly salary as employees in the business. I have transferred my share of the business place in my sons’ name. I have some wealth and property more in my name, value of which is very less than the business place. How should I distribute all the property in my life perfectly according to Shari’a? And can I give my daughters low-value properties or money and get their apology and be excused so that I can succeed in the hereafter?
Explain the answer in detail in the light of the Qur'an and Sunnath, and if possible, guide us on the principles of division in one’s life time and the principles after death.
Thanks

الجواب حامدا و مصلیا

It should be clear that every person in his healthy life is the sole owner of all his wealth and property before being afflicted with illness of mortality i.e the ultimate disease which caused his death. He can dispose of it in any way he likes and it is not necessary and essential for him to divide it, nor does any of the children have the right to compel him to divide it. However, if a person in his healthy life, wishes to distribute his wealth and possessions among his children purely on his discretion without coercion and compulsion, then he has the right to do so, and this distribution will not be called inheritance, but gift. The best way of doing so is to keep whatever he wants for the rest of his life and give something to his wife if he wishes, and divide the rest of the property equally among all the children (sons, daughters) according to their share and make them owners by giving them possession of their respective shares, so that this donation and gift can be legally correct and completed as per the Shari’a. And it is not enough to name them merely in the documents. However, if he gives one of his children a little more than others in keeping with his services or poverty or piety etc, he has the option to do so as well, but should not deprive any of his heirs of his property totally without any valid reason. That is an act of sin.