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Fatwa CenterParents want to distribute their property among themselves and their only son and daughter
Question
ASSALAMLAKUM I HAD AN QUESTION PLZ REPLY IN THE LIGHT OF QURAN AND SUNNAH MY QUESTION IS THAT
15 YEAR BACK A HUSBAND GIVE THIS PROPERTY TO HER WIFE THEY HAD 2 CHILDREN IE ONE SON AND ONE DAUGHTHER BOTH OF THE CHILDREN ARE MARRIED BECAUSE OFTHE FAMILY PROBLEM THEY WANT TO SELL THE PROPERTY AND WANT TO DISTRIBUTED AMONG THE FOUR MEMBER (1) HUSBAND (2)
wife (3)son (4)DAUGHTER SO CAN U PLZ TELL ME WHAT COULD BE A RATIO FOR DISTRUBUTION AMONG FOUR MEMBER OF THE FAMILY .
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
If the husband gifted his wife all his property or a part of it, and she possessed the gift in a legal manner, then the property becomes hers. If then she wants to distribute it among her husband and her two children and keep some of it for herself, she is entitled to do so and she may give her husband whatever she wishes. However, she should gift her two children equally, the male the same portion as the female. However, it is also said that justice [among a male and female child] can be achieved by giving the male twice the share of the female.
However, if the gift was not finalized, because as we mentioned its finalization is by possessing it, then the property still belongs to the husband. In which case, he is entitled to dispose of it as he wishes exactly as we mentioned about the wife.
Finally, it should be noted that the freedom of disposing the property is conditioned on not preventing an heir [from the inheritance].
Allaah Knows best.
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