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jameelash
12-18-2018, 06:54 PM
Usually it is said when parents die properties should be divided in such a way that males should be given double and girls Shuld be half of what males get
And if parents distribute properties while they r still living
Should it be distributed equally among children ie for both sex without any partiality .what does Islam say
Please give the correct answers with proof .jazakullakhair
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Mandy
12-18-2018, 08:34 PM
I am sorry sister I do not have a Hadith or reference and I am sure others will be able to provide one.
But why would the rule about separating properties be different if the parents are still alive?

But more importantly, can parents truly separate their properties while still alive?? How will they live?
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jameelash
12-19-2018, 06:21 AM
There is no harm in making will when parents alive .usually some parents write will
B4 hand to their children to avoid conflict among them after parents demise. But the parent settle the will in such a way so thatproperties go in Childern only after the demise of parents
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Mandy
12-19-2018, 10:13 AM
format_quote Originally Posted by jameelash
There is no harm in making will when parents alive .usually some parents write will
B4 hand to their children to avoid conflict among them after parents demise. But the parent settle the will in such a way so thatproperties go in Childern only after the demise of parents
Oh yes of course a will is a good idea. I misunderstood your initial question and thought you meant actually separating things right away.

I would guess the rules for separating the properties still are the same if it is done with a will or afterwards without one. So parents should keep that rule in mind when writing the will.
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MazharShafiq
12-19-2018, 02:02 PM
The evidence for that is the verse in which Allaah says (interpretation of the meaning):-

“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females; ... (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts”

[al-Nisa’ 4:11]

For example, if we assume that after shrouding the deceased, paying off his debts and fulfilling his bequests, the amount he left is 9000 for example, then the daughter will have 1000 and each of the males will have twice that, namely 2000.-

But if there are other heirs as well as the children, such as the father of the deceased, or his mother or grandfather or grandmother, then each of them must be given their share, and the rest divided among the sons and daughter in the manner mentioned above.-

Note: If one spouse died before the other, then the living spouse inherits from the deceased. In the case asked about here, the share of the husband if his wife dies before him is one-quarter. The wife’s share if her husband dies before her is one-eighth. -

For the children who are left, the estate should be divided giving each male the share of two females, as mentioned above, after the surviving spouse has taken his or her share.
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Mandy
12-19-2018, 06:21 PM
format_quote Originally Posted by MazharShafiq
The evidence for that is the verse in which Allaah says (interpretation of the meaning):-

“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females; ... (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts”

[al-Nisa’ 4:11]

For example, if we assume that after shrouding the deceased, paying off his debts and fulfilling his bequests, the amount he left is 9000 for example, then the daughter will have 1000 and each of the males will have twice that, namely 2000.-

But if there are other heirs as well as the children, such as the father of the deceased, or his mother or grandfather or grandmother, then each of them must be given their share, and the rest divided among the sons and daughter in the manner mentioned above.-

Note: If one spouse died before the other, then the living spouse inherits from the deceased. In the case asked about here, the share of the husband if his wife dies before him is one-quarter. The wife’s share if her husband dies before her is one-eighth. -

For the children who are left, the estate should be divided giving each male the share of two females, as mentioned above, after the surviving spouse has taken his or her share.
A very clear explanation with a great reference. As always I am amazed of the depth of knowledge of many of the people who are here! I do not know how you manage to be so knowledgeable.
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azc
12-19-2018, 08:29 PM
format_quote Originally Posted by jameelash
Usually it is said when parents die properties should be divided in such a way that males should be given double and girls Shuld be half of what males get
And if parents distribute properties while they r still living
Should it be distributed equally among children ie for both sex without any partiality .what does Islam say
Please give the correct answers with proof .jazakullakhair
https://islamqa.org/hanafi/darulifta...0%2C2794777151
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