Wants to Disinherit Daughter

6-10-2002 | IslamWeb

Question:

My daughter while studying in USA established relations with one who curses the companions of the Prophet (where as our family is Sunni) and forced me to marry her with his friend. I have to agree to her marriage and marriage was performed. Since the marriage was all against the wishes of our family I wish not to give her any thing from property and wealth, etc .I wish to leave a 'will' that after my death she must not be given anything. Is it allowed in Islam? Can I give all my wealth to my remaining sons and daughter and do not give her any thing except what I gave her at the time of marriage.

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Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

The Prophet had clearly stated the conditions that should be met in a man when proposing for a lady.

He said: “If a man whose religion and moral conduct are pleasing to you proposes to you, then let him marry; otherwise there will be great mischief and corruption on earth.” [At-Tirmithi]

No doubt that anyone who insults the companions of the Prophet who are the best people after him, is not a good-mannered person and his religion is not satisfactory. But it is unlawful for the father to prevent his daughter from getting her lawful share from his inheritance even if she marries an innovator. In fact, the inheritance has been defined by Allah and no one has the right to interfere in it. Again, he should not be unjust when distributing some of his property among his children unless there is a legal reason like the disobedience to his orders, or the negligence of the Sharee’ah, or if one of them is needy while the others are not.

So, the will this father did; i.e., to prevent, his daughter from inheriting him is null and void, and as soon as he dies, she will be entitled to get her share of his inheritance.

Allah knows best.