Leaving behind a will that one's children should inherit equally

Q: Can a person (man or woman) leave a will or a secret recording (with just one sibling without telling the others) saying all his/her children (boys and girls) should share his/her belongings equally after his death or should Shariah still be followed?

A: The law of shariah is that the male children will inherit double the share of the female children. To make such a will that after one's demise, one's male and female children should all inherit equally is contrary to the law of shariah. Hence, it is not permissible for the heirs to wind up the estate and distribute the inheritance between the heirs according to the un-islamic will of the deceased. If they wind up the estate according to the un-islamic will of the deceased, the deceased as well as all the heirs will be sinful.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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