The Majlis Archive

Death and Wills The Majlis Vol 26 No 02, p.5

Please explain the issue of making gifts to one's children during one's lifetime.

Question

Please explain the issue of making gifts to one's children during one's lifetime. Is it necessary to give them all equal gifts? If a man wishes to distribute his estate to his heirs during his lifetime, must there be equality of gifts for males and females or may the rules of inheritance be adopted?

Answer

Regarding gifts for children during one's lifetime, the rulings are as follows:

1) There should be equality of gifts for all children.

2) If there is a valid reason, a child may be preferred over the others, e.g. the one child requires clothing while the others do not.

3) If a child is insolent to his parents or has become a drug addict, he may be excluded from gifts.

4) If a particular child is much more in the service of his parents while the others are on their own, this child may be preferred over the others.

5) Regarding hastening miraath (inheritance) distribution, this is not valid. The idea of hastening inheritance distribution during one's lifetime may not be used as a ruse for discriminating between sons and daughters. Allah Ta'ala has decreed Miraath for the period which follows death. It may therefore not be brought forward.

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