Unequal Inheritance to Children Fatwa No: 85556
- Fatwa Date:5-2-2003
In the Inheritance can I give the small children 8 and 11 years old more than the older children because they finished college and the small ones is in lower classes? I don't think I can give them equal money from inheritance.
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
Favoring some children over others is unlawful; above all, in matters related to inheritance as these are stated clearly by Allah in the Quran and Allah did not leave the clarification of the rulings of inheritance to any Prophets, or just rulers, or compassionate fathers. Indeed, Allah is the Most Wise, the Most Benevolent, and the All-Knower of everything, including His Slaves. Allah knows His creatures and knows that which is good for them in this worldly life and in the Hereafter.
Allah Says (what means): {Does He who created not know, while He is the Subtle, the Acquainted?} [Quran 67:14]
Allah concludes the verse that determines the shares of every inheritor by Saying (what means): {[These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.} [Quran 4:11]
Allah also Says (what means): {[This is] an ordinance from Allah, and Allah is Knowing and Forbearing.} [Quran 4:12]
This is enough evidence that it is unlawful to change anything in this ruling as it is defined by Allah. It is impermissible to divide the inheritance during the lifetime of the inherited person, as his or her death is a condition that has to take place before this [i.e. the division of inheritance] can be carried out.
As for one parent giving some property to his children during his lifetime, this is lawful provided he does not favor one of them over the others and provided they own that property before his or her death.
Now, if he dies before they own the property, then it is considered the property of the parent and then distributed among all inheritors.
Allah knows best.