Stipulating which assets will be allocated to the different heirs after one’s demise
Question:-
Is it permissible for a person to split his inheritance amongst his heirs whilst he is alive? For example, he wants to stipulate which items will go to whom during his life time, so that there is no partnership in his assets (amongst his heirs) after his demise ?
Answer:-
The Shari’ee law of inheritance is only applicable after the demise of a person. Hence, the inheritance that heirs are entitled to receive after the demise of a close family member (such as a father or mother, for example) cannot be stipulated and fixed (for stipulated heirs) during one’s lifetime ie allocating a certain asset for one heir and another asset to another heir, which they will receive after their beloved one’s demise. Yes, a person may gift his belongings to his family members during his lifetime. However, when gifting one’s wealth or properties amongst one’s children (during one’s lifetime), then all the children whether male or female should be given an equal share. In this instance, the males do not enjoy additional preference over the females.
In conclusion, one cannot stipulate (in his lifetime) the manner in which his inheritance will be split after his demise, as the Shari’ee law of succession becomes effective (immediately on one’s demise).
قال مشائخ بلخ الارث يجري بعد موت المورث (الفتاوي التاتارخانية ص215 ج2)
ان حقيقة الملك للوارث عند موت المورث أي وقبل الموت يثبت مجرد الحق أي مجرد حق الملك (البناية ص215 ج20)