It is permissible for an heir to waive his/her rightful share from the deceased’s estate in favour of another heir

· 12 Muharram 1437 AH1 min readFatwa 34311English

Question

Can a muslim waive his right to inherit from the deceased in favour of another heir? Is such a waiver valid?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh

It is permissible for an heir to waive his/her rightful share from the deceased’s estate in favour of another heir.

And Allah Ta’āla Knows Best

Mufti Ismail Desai,

Darul Iftaa

Checked and Approved,

Mufti Ebrahim Desai.

Answered by
Mufti Ismail Desai
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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