Establishing Justice and Equality among Sons and Daughters in Gift-Giving Is Obligatory
Fatwa No: 429058

Question

Assalamu alaikumI have 3 sons and one doughter in my life time i wish to give all my wealth(property and cash)equally divided portions to all my children it is correct or i should give 2 parts to sons and 1 part to daughter please clear doubt.jazakalla

Answer

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

There is nothing wrong with dividing your wealth equally between your sons and daughters, provided that you do not do this while you are suffering a fatal illness that is likely to end in death. Establishing justice and equality among children in gift-giving is obligatory as evidenced by the Hadeeth that reads: "Fear Allah and observe justice among your children." [Al-Bukhaari and Muslim]

A group of scholars held that establishing justice among children in gift-giving is achieved by giving daughters and sons equal gifts, without favoring sons over daughters, and this is the scholarly view that we adopt here at Islamweb based on the Hadeeth that states: "Observe equality among your children in gift-giving; for were I to favor anyone over another, I would favor the women." [At-Tabraani and Al-Bayhaqi, Al-Haafith Ibn Hajar: Hasan, in Fat-h Al-Baari]

However, some jurists held that justice in gift-giving is established by giving the male double the share of the female, like the division of the inheritance. Al-Mawsoo‘ah Al-Fiqhiyyah reads: “The majority of jurists held that the meaning of equality among sons and daughters in gift-giving is to give them equal gifts without favoring some over the others, because the reported Ahaadeeth in this regard did not distinguish between male and female children. The opinion of the Hanbali scholars and the Hanafi scholar Imaam Muhammad ibn Hasan, which is also an outweighed opinion held by the Shaafi‘i scholars, is that the prescribed division among children in gift-giving is the same as that of the inheritance; i.e. the male gets double the share of the female, because Allah, The Exalted, divided the inheritance in this manner, and He is the best of Judges, and that this is the required justice among children in gift-giving.” [End of quote]

Allah Knows best.

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