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A wife gifting to her daughter the share she received from her deceased husband, and the sons from her first husband claiming partnership in it.

Inheritance,Inheritance,A wife gifting to her daughter the share she received from her deceased husband, and the sons from her first husband claiming partnership in it.

Fatwa No :
82665
| Date :
0000-00-00

Fatwa No : 82665
A wife gifting to her daughter the share she received from her deceased husband, and the sons from her first husband claiming partnership in it.
معاملات / ترکات / احکام وراثت

A wife gifting to her daughter the share she received from her deceased husband, and the sons from her first husband claiming partnership in it.

What do the esteemed Muftis say regarding the following issue that a woman, who had two sons from her first husband, became a widow. She then remarried and from her second husband had two sons and one daughter. The two sons passed away, and only the daughter remained alive. Later, the second husband also passed away, and his inheritance was distributed. The woman received her rightful share, which amounted to one-eighth. She took possession of her share and, in the presence of witnesses, gifted all of it from her estate to her daughter, also handing over full ownership and possession of it. Now, the sons from her first husband are claiming a share in this wealth. What is the ruling of Shariah regarding this issue?

الجوابُ حامِدا ًو مُصلیِّا ً

It should be clearly understood that the aforementioned woman’s personal wealth and belongings, or the share she received from her late husband’s inheritance, are solely her rightful property, in which no one else has any share. When she, of her own free will and without any compulsion, handed all of this over into the possession of her daughter, then although it would have been better for her to distribute it equally among all her children, this transfer is legally and religiously valid. Therefore, the mentioned daughter is now the rightful owner of all the said wealth and belongings. The claim of the stepbrothers regarding partnership in this matter is not valid under Islamic law, and they are obliged to refrain from pursuing this unjust claim.

And Allah knows best
فضل اکبر حاجی عُفی عنه
دار الافتاء جامعه بنوریه عالمیه
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