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Fatwa CenterA daughter's share in her father's donations to her siblings
Question
My Muslim friend in India, has a Muslim wife, she is the daughter of a very rich man .Her father gets a rent of INRS 400,000 per month from a company, in Mumbai. What is her share from the rent? They are 3 brothers and one sister in all. The father, on instigation from his eldest son, adopted the grandson as his adopted son. The father has given her share (if any) to this boy. So her three brothers and the nephew get equal part of the monthly rental. She does not get anything at all. Does Islam accepts that? Is she not entitled to a share?
Please reply this and let me know her legal status as the only daughter of her father!
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
The father is obliged to be just when giving gifts to his children; nonetheless, there is a difference of opinion among the scholars
on this issue. The most preponderant opinion is the one which we stated at the outset.
Therefore, this woman deserves the same share as that of her brothers with regard to the gifts of her father to the children. However, if the father prefers one child over the other because of any valid reason, then there is no harm on him gifting him or her more.
As regards tracing his grandson back to him, if he is the son of his own child, then he is really his grandson, and this is not considered a forbidden adoption. However, this grandson does not have the same right in inheritance like the direct sons of this father because the grandson is prevented from inheritance due to the existence of the sons as they have more right in inheritance than him. The same thing applies to the matters of marriage, and other matters in which the grandson differs from the sons.
Finally, it should be noted that since the wealth (money) is the property of the father, he has the right to give whatever amount he wishes from it to his grandson and others provided that this does not lead to him being biased in favor of some children over others. To conclude, the daughter does not have a specific share in the rent or money of her father since he is alive; however, he is obliged to be just between her and her brothers when giving gifts to them; at least he should give her half of the share he gives to a son - although there is a difference of opinion on this issue.
Also, were her father to die, her share will be half of that of a male.
Allaah Knows best.
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