Leaving inheritance to girl who committed an illegal act

13-4-2002 | IslamWeb

Question:

In relation to my previous Question No.: 18481 (a girl of 19 years old who married against her parents will was a crook) is it possible to leave to her a share of inheritance but appoint a guardian, like an uncle, to supervise her spending?

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Answer:

Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

The distribution of inheritance is a Divine obligation that Allah, The Great and Almighty, has placed upon His slaves as stated in Surah al-Baqara. He has decreed to give property to those who deserve it when they become adult and mature. He has decreed that an heir, to receive inheritance, should be characterized by:
1) He/she must be pubescent. Puberty is marked by wet dreams and appearance of pubic hair both for male and female, as well as discharge of the menses by females.
2) He/she must be mature, i.e. able to behave well concerning fiscal affairs, although he/she may be dissolute. Such a maturity means being able and expert to manage and invest properties. This characteristic depends on one's personal qualities, environment and culture.
This means that if a daughter has the above-named characteristics, then she has the right to receive her inheritance, since it is her right.
In addition, if she gets married without her guardian's approval, this has no effect on inheritance or on her freedom to manage her property. This is the opinion of majority of Muslim scholars.
On the other hand, if a woman is not qualified as stated above, there is a consensus of opinion among Muslim scholars that she should be subject to a guardian or trustee, who is responsible to run her wealth in accordance with her interest and favor. This ruling also applies to son without difference.
Know, according to the majority of scholars from the schools of Malik , al-Shafi'e and Ibn Hanbal , that a contract of marriage that is done without a guardian's approval is invalid.
This last ruling is right and correct since it is based on the Prophetic Hadith that states: "There is no valid marriage except with a guardian's consent and two just witnesses" .
In simple words, a valid marriage requires a guardian's approval and two witnesses as well as a woman's consent and bridal money. But, the Hadith concentrates only on the first two points due to their great importance.
Another Hadith reads: "A woman who gets married without her guardian's consent, her marriage is null and void" .
Allah knows best.