Firstly, the division of inheritance in Islam is a ruling that is decisively established and clear in its indications. There is no room for ᾽ijtihād (independent reasoning) in changing the shares. Allāh says at the end of the inheritance verses in Surah An-Nisā᾽: “These are the limits [set by] Allāh.” [An-Nisā᾽: 13], and the limits set by Allāh for His servants are absolute rectitude.

Secondly, it is known from the apparent text that a father’s inheritance is divided among his children after fulfilling obligations, with a male receiving the share of two females. The inherited has no authority to change this after his death through a bequest (waṣiyyah), as the Prophet (peace be upon him) said: “There is no bequest for an heir.” The majority opinion is that a bequest for heirs is invalid. According to the Ḥanafīs, it is only valid with the agreement of all heirs.

Therefore, if your father wants to equalize the division among all his children, he can do so during his lifetime as a gift or grant, but he cannot stipulate this in a bequest (waṣiyyah) [because the inherited person is free to make a bequest in only one third of his possessions].

If he does make such a bequest, it is contingent upon the heirs’ agreement, not his own. If they agree, it is permissible; if they do not, the shares revert to the division stipulated in the Quranic text [which is the male receives the shares of two females].

Fatwā issued by Dr. Khālid Naṣr