Is there a Sharī‘a-permissible way to leave more property to an Islamic heir?

Strictly speaking, you are not permitted to leave an Islamic heir more than his/her predetermined share.

However, there are a few options to compensate children for helping their parents. If a child provided – or continues to provide – assistance to his/her parents, the parents may have a moral and religious debt to compensate this child for his/her efforts.

This can be done in two ways: (1) Parents are free to gift their children money and/or property during your lifetime. This is valid and sound under the Sharī‘a; or (2) A moral/religious debt can be paid to the child upon the parents’ passing. This moral/religious debt is paid from the gross estate as a debt before distribution of the net estate to the Islamic heirs.

In other words, the child will receive the payment of the debt, plus his/her Islamic fixed share. We do not believe this violates the Sharī‘a. Allah knows best.

Use our ISLAMIC WILL software to prepare your own customized Islamic estate plan that is legally valid for your state. This will permit you to compensate your child by acknowledging a moral/religious debt in your will.

 

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