Fatwa No : 84168
The ruling on a son demanding a share of his father’s property.

The ruling on a son demanding a share of his father’s property.

What do the honourable scholars and respected jurists of Islamic law say regarding the following issue that Zaid is a man whose wife is alive, and he has five daughters and two sons, one named Abdullah and the other Abdur Rahman. Zaid owns a house which is in the use of one of his sons, Abdullah, who is extremely disobedient to his father. When the father asked him to vacate the house, he demanded half of its value. Zaid is also in debt.
From the perspective of Shariah, can Abdullah claim half of the value of the house as his share? This is while his other siblings are alive, and both of Zaid’s parents are also alive. Should Zaid first pay off his debt or distribute the property? In the case of distribution, how much share will Abdullah receive in the presence of his parents and siblings? Is Abdullah’s demand for half the value of the house permissible or impermissible? Please respond so that you may be rewarded by Allah.

الجوابُ حامِدا ًو مُصلیِّا ً

In a state of good health, before being afflicted by illness or death, every person is the sole owner of their property. It is absolutely impermissible for anyone else to demand its division from them or to compel them to distribute it; such demands must be strictly avoided. Therefore, in the case under discussion, the son’s demand for a share or division of his father’s house is completely impermissible. He must refrain from making such unlawful claims. If he does not desist, then due to his disobedience, Zaid may compel him to vacate the house, and, owing to his stubbornness and defiance towards his parents, Zaid is also entitled to take legal action against him. Accordingly, the said son, Abdullah, is obliged to make every effort to avoid the distress, regret, and humiliation, both in this world and the Hereafter, that result from disobedience to one’s parents. He must sincerely repent to Allah for his past disobedience, seek forgiveness from his parents, and firmly resolve to completely refrain from disobedience in the future. Furthermore, it should be clarified that if Zaid, of his own will and choice, wishes to distribute his property among his children during his lifetime, the best method is to first retain for himself an amount of wealth or property reasonably sufficient for the remainder of his life, and to repay any obligatory debts he owes. After that, he may give the rest of his wealth and property to whichever of his children he wishes, in whatever proportion he wishes but he must grant them full legal ownership and possession, as merely registering the property in their name on paper is not sufficient. If he wishes to give a particular child more than the others due to that child’s financial hardship, need, piety, service to the parents, or similar reasons, there is allowance for this in Shariah. However, without a valid reason, completely depriving a child of inheritance or giving all the property to just one child must be avoided.

مأخَذُ الفَتوی

و في الخانية: لا بأس بتفضيل الأولاد على البعض في المحبة لان المحجبة عمل القلب وذالك غير مقدور (إلی قوله) وروى عن أبى حنيفة انه لا بأس ان كان التفضيل لزيادة فضل له في الدین فإن کانا سواء یکره وروى المعلى عن ایی یو سف انه لا بأس به الا لما يقصد به الاضرار وان قصد به الاضرار سوى بينهما يعطى للابنة مثل ما يعطى للا بن .... وعليه الفتوى اھ (۳/ ۲۷۹)۔