Fatwa #1007513 November 2003Pakistan
(1)What are the laws of inheritance for children in the property owned by their mother?(2)Can a mother nominate her own property to one of her five children?
Answer
1. The children will inherit from the property owned by their mother. Their share will depend on the number of other heirs the mother leaves behind after her death.
2. By the term 'nominate' if you mean bequeath her property to one child only, this is Haraam. A person is not allowed to bequeath a share of his estate in favour of one of his heirs. Also, it is immoral and cruel of her to favour one child over the rest of her children.
and Allah Ta'ala Knows Best
Mufti Muhammad Kadwa
FATWA DEPT.
2. By the term 'nominate' if you mean bequeath her property to one child only, this is Haraam. A person is not allowed to bequeath a share of his estate in favour of one of his heirs. Also, it is immoral and cruel of her to favour one child over the rest of her children.
and Allah Ta'ala Knows Best
Mufti Muhammad Kadwa
FATWA DEPT.