🌍 Children, inheritance & global · #15

Can I make a bequest giving more to my second wife or a particular child?

In principle, a bequest to an heir is not valid unless the other heirs agree after the testator's death. The Messenger of Allah ﷺ said: "Allah has given everyone who has a right their right, so there is no bequest for an heir." Wives and children are heirs, so an additional bequest to them depends on the other heirs' consent. A bequest to non-heirs (for example an adopted child, a stepchild, a charity) is permitted up to 1/3 of the estate. If you wish to help particular family members, consider a lifetime gift (hibah) that is handed over in full, but with a fair intention and not to deny other heirs their rights. See faraid.

Sources

Sunan Abu Dawud 2870 (hasan)Sahih al-Bukhari 2742Sahih Muslim, Kitab al-Wasiyyah

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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