It is permissible for an heir to waive his/her rightful share from the deceased’s estate in favour of another heir
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
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/34311
Fatawa SA: https://fatawa.co.za/fatwa/askimam-34311