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Tuesday, June 23, 2009

Children from Two Marriages and Inheritance

Q: A lady has a boy and girl from her first marriage and ten years later she has a girl and two boys from her second marriage. Is it permissable for her to make a calculation of her own estate. (a number of properties which are let and some cash) and settle the inheritance of the older children from her first husband, and keep the rest of the estate for the children of her current marriage till a defered period or death?
A: If the inheritance from the first husband has not yet been distributed between herself and the children of the deceased, she should do so immediately. This means she will give them their shares from their late father’s estate.

If she intends giving the children of her first marriage from her own wealth, then she should not only give them, but her other three children as well.

The Ahaadeeth on distribution of wealth to children teach us that we should give them equally, whether the children are male or female. During one’s lifetime one will not distribute wealth among one’s children according to the laws of inheritance, but will give them equally, male or female. This is not considered inheritance because the giver is still alive; instead this will be regarded as a gift. Gifts should be given equally amongst children. Although it is permissible to give them unequally, the Hadeeth discourage us from doing so. (As Sunanul Kubraa V6 P176)

Answered by: Moulana Yusuf Laher; Checked and approved by: Mufti Siraj Desai