Inheritance Of A Step-Child
Question
A man and woman could not have children for many years. After few years the woman’s sister gave her 2 of her own children.
The children were brought up by the step parents. When their real parents die, who will inherit?
And if the step mother and father want them to inherit after they die, how do they do it?
How do the real parents let their other children inherit without letting these inherit?
Is there any way out?
If there is please mention it.
Answer
The children will certainly inherit from their biological (real) parents, and cannot be deprived from their share of inheritance that is stipulated for them in Shari’ah. It is incorrect for the biological parents to try and deprive them in any way whatsoever as this is a right afforded to them by Allah Ta’aala.
The step parents may make a Wasiyyat (bequest) in favour of their adopted children provided that such a Wasiyyat does not exceed 1/3 of the value of the estate.
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/inheritance-of-a-step-child/24792/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-24792
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