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f:569 -    Can the parents favor one heir over the other
 Country : India,
Name : Abdullah
Question:     Can the parents favor one heir over the other
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Answer:     A will or a bequest in favor of an heir is not correct as per the Shariah.  The Holy Prophet (Sallallahu alaihi wa sallam) said:

Translation: Indeed Allah Most High has granted the due right to whom it is due.  Thus, a will not be implemented in favor of an heir.  (Sunan Abu Dawood, Hadith No. 2872)

If the other heirs willingly give up their share in favor of a heir, then it is allowed.  If a bequest is made in favor of someone other than the legal heirs, then it will be fulfilled to the extent of the 1/3rd of the legacy.  

In the Xerox of the will, which is attached to the question, the words of the mother of Mr. Muhammad Abdur Rasheed are not mentioned.  The father of Mr. Muhammad Abdur Rasheed, Mr. Muhammad Mahboob Ali has written:

Translation:  If after our mother or if this property is being divided with her will and pleasure, I, willingly give up my share, in favor of my son, Muhammad Abdur Rasheed.

This shows that Mr. Muhammad Mahboob Ali has made a will in favor of his son about his share of property or legacy of his mother.  

Thus, if Mr. Mahboob Ali had given the possession of the property to Mr. Abdur Rasheed in his life itself, then he can do it and Mr. Abdur Rasheed is the owner of the property, others can’t demand it from him now.  If he has passed away without doing so, then as per the Hadith of the Holy Prophet (Sallallahu alaihi wa sallam), this will, will not be accepted and the property will be distributed as per the guidelines of the Shariah.


And Allah Most High knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]
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