Sat 19 Jm2 1435 - 19 April 2014
34657

Withholding inheritance from a daughter so that her husband will not take it

Some people withhold inheritance from their daughters for fear that the daughter’s husbands will take the daughters’ share of the inheritance. Is this permissible?.

Praise be to Allaah.  

Allaah has described the heirs and the share that each of them has in Soorat al-Nisa’. These heirs include daughters. Allaah enjoins giving each person who is entitled to something his right, and the first passage on inheritance ends with the words (interpretation of the meaning): 

“These are the limits (set by) Allaah (or ordainments as regards laws of inheritance), and whosoever obeys Allaah and His Messenger (Muhammad) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success.

14. And whosoever disobeys Allaah and His Messenger (Muhammad), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment”

[al-Nisa’ 4:13-14] 

Then He ended the last verse of the same soorah with the words (interpretation of the meaning): 

“(Thus) does Allaah make clear to you (His Law) lest you go astray. And Allaah is the All-Knower of everything”

[al-Nisa’ 4:176]  

Whoever deprives a daughter or anyone else of the right granted by Allaah, without her consent, has disobeyed Allaah and His Messenger (peace and blessings of Allaah be upon him), and followed his own whims and desires, and is overwhelmed by tribalistic feelings and jaahiliyyah. His abode will be Hell, if he does not repent and give people their rights. 

And Allaah is the Source of strength. 

Al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’, 16/493.
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