Question:

I am a person whom Allah has blessed with wealth, and I have been diligent in ensuring its lawfulness and fulfilling Allah's rights... Today, before my death, I wish to distribute my wealth among my legal heirs, who are three sons and three daughters. Is this permissible? If it is permissible, what is the legally acceptable method? Please advise us, may Allah reward you with good.

Answer:

First: The general principle is for the wealth to remain under the ownership of its proprietor until Allah takes his soul, and then it is divided among the heirs according to the legal division, after paying off debts and deducting what pertains to the will, which is limited to one-third.

Second: However, when there is fear of conflict or the like, there is no legal impediment for a person to distribute his wealth among his legal heirs according to the legal division, provided the following conditions are met:

a. He must retain a portion or percentage of his wealth for his own needs, for what might occur in the future, such as marriage or offspring, through which he can compensate them for this division. In my view, this should be within 30% of his total wealth, allowing him to spend on himself and whomever he wishes, in addition to making a will from it. However, the will here would be within one-third of this percentage, since he has already distributed the rest of his wealth.

b. It is preferable that he bequeaths a portion of his wealth – before distribution – for charitable works, whether a fixed amount or ongoing, as he has the right to bequeath up to one-third of his total wealth. Here, his right is more than the portion mentioned in paragraph (a).

c. Debts and the will must be deducted from this wealth, and then the distribution is made according to the legal division. In the example mentioned in the question, the legal division is: all his wealth, except what is mentioned in paragraphs (a - b), is divided into nine shares. Each of the three sons receives two shares, totaling six shares, and each of the three daughters receives one share, totaling three shares.

d. This division must not lead to the squandering of Allah's rights, such as zakat and the like. Therefore, he should oversee the zakat of this wealth and its expenditure so that the heirs do not neglect it.

e. This distribution must also not lead to the squandering of the rights of others in any way.

f. The intention behind this distribution must not be to evade or manipulate to waive Allah's rights or the rights of people.

g. No heir should be excluded from this legal division.

h. If he wishes to marry another wife, he must inform her of this division so that she does not assume he has much wealth, even though he has distributed it among his heirs. Or he should inform her that he has disposed of his wealth, and that his current wealth is such and such. This is a matter of clarification that is legally required for someone who intends to marry.

We advise those who adopt our fatwa to fear Allah, adhere to justice, fairness, and benevolence.

And Allah knows best.

Written by the needy to his Lord,
Prof. Dr. Ali Muhyiddin Al-Qaradaghi
President of the International Union of Muslim Scholars