of the Sharīʿah court; God willing, it will examine all the circumstances of the dispute and assign every claimant his due. And Allah knows best.
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The Prohibition of Bequeathing to an Heir
Question: A woman owns one qīrāṭ of land and has both sons and daughters. In her will she stipulated that the land be divided equally among her sons and daughters. Is this permissible, and should the will be carried out, or must her estate instead be apportioned according to Allah’s law?
Answer: A bequest to an heir is invalid, for the Prophet (peace and blessings be upon him) said, “There is no bequest for an heir.” The scholars are unanimously agreed that it is forbidden to make a bequest in favor of an heir. This particular bequest is also void because it violates Allah’s ruling that the male receives the share of two females. Hence it is null in every respect, and after her death the land must be divided among the heirs according to what Allah has legislated—namely, the male receives the share of two females. And Allah knows best.
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An Estate Comprised of Usurped Property
Question: A man has died and left an estate that his son has inherited, but most of that estate consists of property seized unlawfully from others. May the son benefit from it while the sin rests solely on his father, or must he return the property to its rightful owners so that his father’s liability is cleared? How should he handle the estate?