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Fatawaa


Subject : Excluding Undutiful Son from Father’s Endowment is Permissible

Fatwa Number : 2814

Date : 30-07-2013

Classified : "Hibaa"Donation, Grant

Fatwa Type : Search Fatawaa


Question :

Am I permitted to transfer all of my properties during my lifetime to my dutiful wife and sons and exclude my 3 daughters due to their rebellious attitude, bad manners, unveiling their Hijab and finally abandoning me? 



The Answer :

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

The father is permitted to exclude the undutiful son from endowments and to treat him less preferably in comparison with his brothers according to Muslim scholars. In this regard, Al-Imam As-Shrbini (May Allah have mercy on his soul) stated:” The undutiful and transgressor son shouldn’t be given any endowment in case the father was certain that his son will use it to commit a sinful act.” [Mughni Al-Muhtaj vol.4 pp.1089].

Further, they considered the way of treating the dutiful sons more preferably than undutiful one a reason for that since Al-Imam Malik related that A'isha (May Allah be pleased with her), the wife of the Prophet (PBUH), said: "Abu Bakr as-Siddiq gave me palm trees whose produce was twenty awsuq from his property at al-Ghaba.[Al-Moatta’a vol 4 pp.1084].

Besides, Al-Imam Ibn Hajar (May Allah have mercy on his soul) said:” It is not reprehensible for the father to exclude his son from endowment if he was a sinner, transgressor or undutiful and to give it to the poor and the dutiful son instead of the former similar to what Abu Baker did with A’isha (May Allah be pleased with them).” [Tohfat Al-Mohtaj vpl.6 pp. 308].

Furthermore, Muslim scholars are of the view that the father is permitted take back the endowment given to the son after warning the latter. In this regard, Al-Imam Ar-Ramli (May Allah be pleased with him) said:”If the father had a sound reason such as: undutiful son, a son who insists on using any endowment given by the father to commit a sin; in this case, the father is recommended to take the endowment back from the son.” [Nihayat Al-Mohtaj vol.5 pp.416]. In principle, the father shouldn’t give the undutiful son an endowment in the first place since taking it back is permissible.

Therefore, the father is recommended to advise his children and to be keen on their best interest as well as he ought to know that giving endowments justly among his children will maintain the harmony and intimacy within the entire family.

We (Iftaa’ Dept.) recommend the parents to do their best as regards guiding their daughters to the righteous path throughout the promotion of virtue and prevention of vice; as well the father is recommended to keep part of his property to the undutiful son or daughter in case the latter turn repentantly to Allah. And Allah knows best.     




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