Inheritance, or mirath, is a system of wealth distribution prescribed by Islam, with Almighty Allah laying down its rules in detail in the Holy Quran.

Allah says: “Allah instructs you concerning your children: for the male, a share equal to that of two females. If there are more than two females, their share is two-thirds of the estate. If there is only one female, her share is one-half… You do not know which of your parents or children are nearest to you in benefit. This is an obligation from Allah. Surely Allah is All-Knowing, All-Wise.” (Surah An-Nisa, verse 11)

According to Quranic commentators, people cannot distribute inheritance according to their own wishes while ignoring the rules set out in the Quran. Rather, the estate must be distributed according to Allah’s commands, with each heir receiving the share prescribed for them. (Tafsir Ahsanul Bayan)

Disregarding Allah’s commands is a serious violation, with grave consequences. Allah says in the following verses of Surah An-Nisa: “These are the limits set by Allah. …And whoever disobeys Allah and His Messenger and transgresses His limits, He will admit him into the Fire, where he will remain forever. And for him is a humiliating punishment.” (Surah An-Nisa, verses 13-14)

Na’uzubillah. These verses underline the seriousness of violating Allah’s prescribed laws and the severe consequences of doing so.

Some people distribute their property during their lifetime with the intention of depriving certain heirs of their rightful shares after their death. Such a practice also amounts to violating Islamic inheritance rules.

The Prophet (PBUH) warned against favouring one child over others in giving property. He told the father of Nu’man ibn Bashir (RA), who had sought the Prophet’s testimony for giving property to one of his children: “Fear Allah and treat your children equally.” (Bukhari, Hadith No. 2587)

Some people say they transfer property to their wife or children during their lifetime not to deprive other heirs, but to protect their family from possible disputes after their death. They may also leave property for other heirs so that nobody is deprived of their share.

In this regard, intention is important. Almighty Allah knows the intentions of everyone. If a person has no intention of depriving any heir and, for a legitimate reason recognised by Shariah, gifts part of their property to someone during their lifetime and hands over possession of it, the act is not blameworthy.

A person is the full owner of their property during their lifetime and has the right to gift or sell it. However, if a gift is made specifically to deprive other heirs of their rightful shares, it is sinful, even though the gift itself may remain legally valid. (Darul Uloom Deoband, Fatwa No. 917-1074)