Q. In our family we are two brothers and four sisters. Our mother is alive and well, but our father died five years ago. His estate has not been divided, because of certain difficulties of organization. We intend to divide it in accordance with Islamic law. However, our mother says that she wants to divide her own property among us all, in equal shares. Please comment whether this is acceptable. Should the division in this case be according to the law of inheritance?
Tashfeen
A. You should have not delayed the division of your father’s property. Dividing the estate of a deceased person as soon as possible after his death is strongly recommended, because it ensures that all heirs receive what is due to them. However, it should not be delayed any further. The estate should be divided as follows: One-eighth for your mother, and the remainder is to be divided into eight shares: One for each of the four sisters and two for each of the two brothers.
If a parent wishes to divide his property among his children in his own lifetime, he may do so, but this is not the proper way from the Islamic point of view. The proper way is to leave things as they are, then when the parent dies his property is divided among his heirs. How could anyone tell when they will die, and who of their heirs will survive them? As they do not know, then they could be depriving certain heirs of their rightful shares.
Having said this, I would like to add that a parent’s gifts couldn’t be treated as inheritance. In other words, the gifts do not follow the same rules. When making gifts to their children, parents must treat all their children equally, males and females, young and old. When the Prophet was asked by one of his companions to witness his gift to one of his children, he asked that parent: “Have you given similar gifts to all your children?” The man said that he did not. The Prophet told him: “Seek for yourself a different witness, for I do not witness injustice.” The Prophet also said: “Fear God and maintain fairness in dealing with your children.” What this Hadith means is that when a parent treats his children unfairly, he demonstrates his lack of fear in God. This is unacceptable from anyone. Therefore, if your mother wishes to go ahead with her scheme of giving gifts to her children, she must treat them all equally, giving each daughter the same as each son.