Can I Disinherit One of My Children?

Answered by Shaykh Dr. Fayez Awad

Question

Can I disinherit one of my children if they are disobedient to me?

Answer

Praise be to Allah, and peace and blessings be upon the Messenger of Allah, his family, and his companions.

Disrespecting Parents

There is no doubt that disrespecting parents is a major sin. In a hadith narrated by Anas ibn Malik, may Allah be pleased with him, he said:

The Messenger of Allah, peace and blessings be upon him, mentioned the major sins or was asked about the major sins, and he said: “Associating partners with Allah, killing a person, and being disrespectful to parents.” Then he said: “Shall I not inform you of the gravest of the major sins?” He said, “False utterance,” or he said, “False testimony” [Bukhari; Muslim]

“For your Lord has decreed that you worship none but Him. And honor your parents. If one or both of them reach old age in your care, never say to them (even) ‘uff,’ nor yell at them. Rather, address them respectfully.” [Quran, 17:23]

Disinherit

As for disinheriting a disobedient son, depriving him of his share of the inheritance is not permissible because a child inherits from his father and mother due to lineage, not due to kindness. Lineage is the same for both the disobedient and the obedient, and it is not permissible for a father to bequeath the disinheritance of his disobedient child, as this is an invalid bequest because Allah, glorified and exalted be He, has allocated the share of each heir. The Messenger of Allah, peace and blessings be upon him, said: “Indeed, Allah has given every rightful person their right.” [Tirmidhi; Ibn Majah]

Therefore, a father should try to reform his son and help him to be dutiful.

It is necessary to be just in treatment among children, whether it be material or emotional. The Messenger of Allah, peace and blessings be upon him, said: “Be just among your children, be just among your children, be just among your children.” [Nasa’i; Abu Dawud; Ahmad]

Notes:

[Shaykh] Dr. Fayez Awad

Checked and approved by Faraz Rabbani