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Disinheriting A Child
If a couple mutually agrees to a divorce and also agrees that child will remain with the woman and the man has no responsibility whatsoever towards the child (kind of adoption) The woman marries another person and starts her new life.
I have two questions.
1. Can a person disowns a child like this when its mutually agreed and the child is with mother?
2. After death of the biological father of the child, will the child get a share in inheritance?Thanks
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5 Replies
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Disinheriting A Child
updated 1 year, 12 months ago
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5
Replies
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Technically man is the owner of his property and have authority to make any will about his property. He can deny to give any share to his children. In Hanafid school of thought, disowning of father does not deprive the children from their due share, the shariah has appointed. So if a court follows the Hanafid school’s ruling, it still can decide to give share to the children despite the declaration of disowning.
Whatever the will is made, man should make it in the light of his conscience, sense of justice and his ehtical responsibilities to satisfy his conscience and to save himself from an accountability in the hereafter.
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Mutual agreement and residence of a child are not the bases according to which a father can disown a child from his inheritance. A person is free to give anything that they desire to someone else during their lifetime, but one should not commit any injustice in such distribution. Inheritance, however, must be distributed according to God’s law which is subject to the person’s will which will be acted upon first; however, no will can be made in favor of heirs in their capapcity as heirs but can be made in other capacities e.g. where some additional benefit was entailed from a specific heir or to satisfy genuine need or needs of a specific heir or heirs etc.
Please see for further details:
The only condition under which a father can disown his child is when such a relationship is causing harm to the father instead of the benefit in accordance with Quran 4:11. For example, when a child murders his father.
Please see for details:
A court can review both the will and decision to banish a child from inheritance to see whether any injustice was committed or not. Please refer to the video below from 30:06 to 33:29
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Thanks @Irfan76 and @UmerQureshi
Looks like my question was not clear or specific enough. Let me rephrase what I wanted to say.
If a woman does not want to live her husband anymore and asks for divorce and also says that she is responsible for the child and the father has nothing to do with this child anymore. The man agrees and divorces her. Then she moves on and marries someone else and also has kids from this other man. After some time the man (she got divorce from and the father of the first child) dies, would this first child get share in father’s inheritance?
Hope this is clearer.
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Yes, the child is eligible.
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Jazakallah brother
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