Fatwa No : 83853
The Proper Method of Distributing Property During One’s Lifetime

The Proper Method of Distributing Property During One’s Lifetime

To the Respected Mufti Sahib, Jamia Binoria Alamiyah, SITE, Respected Sir, With due respect I submit the following: My name is Kamaluddin, residing at House No. 327-L, Sector 7, Tarath, Karachi. I have four sons and three daughters. Out of them, three sons are married while one is still unmarried. I, along with my wife, all four sons, and one unmarried daughter, live in this house. Two daughters are married and live with their husbands. In the same house, on the ground floor, I run a small lathe machine workshop, where I and my son Faraz work together. I wish to know: What will be the rightful share of each heir in my house? I also wish that after my death, only my son Faraz should inherit and continue my workshop, while the house should be divided according to the Shariah among all heirs, namely my wife, four sons, and three daughters. Furthermore, during my lifetime, what portion of the house belongs to me? Kindly provide me with a detailed reply. I shall be extremely grateful. Yours sincerely, Your humble servant,

الجوابُ حامِدا ًو مُصلیِّا ً

It should be clearly understood that every person, during the course of a healthy life and before falling into a terminal illness, is the sole owner of all his wealth and property. He has full right to dispose of it in any manner he wishes. No one has the right to claim a share in it or to demand its distribution during his lifetime. Therefore, if the questioner, while still in good health and of his own free will without any compulsion, wishes to distribute his wealth and property among his children, then according to Shariah, this is permissible and valid. Such a distribution is not considered inheritance (taqseem-e-tarika), rather it is termed as a hiba (gift). The best and preferable method is that he should first, with careful consideration, set aside whatever he wishes to retain for his own remaining life, or whatever he wishes to give to his wife, and then distribute the remaining wealth and property equally among his children (sons and daughters), granting each one full and lawful possession of their share, so that the hiba is complete and valid according to Shariah. Merely recording their names on papers is not sufficient. It is also preferable in such a hiba (gift) that all children are treated equally, giving no one less or more, since they are all his children. However, if he wishes to give something extra to any child on account of service, need, or piety compared to the others, he is permitted to do so. But without a valid Shari reason, he must not completely deprive any heir of his property, as this is sinful. As for the workshop mentioned by the questioner: if, during his lifetime, he has already handed it over to his son Faraz with full ownership and possession, then it will be regarded as his property. Otherwise, after his death, it will be shared among all the heirs according to their prescribed Shari shares.

مأخَذُ الفَتوی

ففي الفتاوى الهندية: ومنها أن يكون الموهوب مقبوضا حتى لا يثبت الملك للموهوب له قبل القبض اھ (4/ 374)۔
و في خلاصة الفتاوى: ولو اعطي لبعض ولده شيئا دون البعض لزيادة رشده لابأس به وان كانا سواء لا ينبغي أن يفضل اھ ( 4/ 400)۔