[Q 573] Preferred Method of Wealth Division

QUESTION:

Grateful if you could clarify on the given example below:
A mother has a daughter and a son. She has gold jewelry for the value of Rs 700,000.
When she is distributing this between her children, do the daughter and the son receive equal quantity; the daughter receives the quantity of gold which value is Rs 350,000 and the same for the son?

ANSWER:

If a person wishes to distribute his wealth among his children during his lifetime, then there are two methods:
1. Without making any distinction between the son and the daughter, both should be given equally.
2. The son should be given double in comparison to the daughter.
From these two methods, the first method (i.e. giving equally to both) is more preferable. Therefore, in the questioned case, it is correct for the mentioned woman to give equal amounts to her son and daughter (i.e. 350,000 to the son and 350,000 to the daughter).

Imam Ahl-e-Sunnat Sayyidi A‘la Hazrat Imam Ahmad Raza Khan عليه رحمۃ الرحمن states:

“مذہبِ مفتی بہ پر افضل یہی ہے کہ بیٹوں بیٹیوں سب کو برابر دے۔ یہی قول امام ابو یوسف کا ہے اور ‘لِلذَّكَرِ مِثْلُ حَظِّ الْاُنْثَیَيْن’ دینا بھی، جیسا کہ قول امام محمد رحمہ اللہ کا ہے، ممنوع و ناجائز نہیں اگرچہ ترکِ اولی ہے۔”

“According to the Madhhab-e-Mufta Bihi (the relied upon position for issuing fatwa), it is more virtuous that sons and daughters all be given equally. This is the statement of Imam Abu Yusuf. And to give according to ‘لِلذَّكَرِ مِثْلُ حَظِّ الْاُنْثَیَيْن’ (for the male is the share equal to that of two females), as is the statement of Imam Muhammad رحمہ اللہ, is also not prohibited and impermissible, although it is Tark-e-Awla (contrary to what is better).”
In Radd al-Muhtar, from Allama Khayr al-Din Ramli, it is stated:

“الفتوی علی قول ابی یوسف من ان التنصیف بین الذکر والانثی افضل من التثلیث الذی ھو قول محمد”

“The fatwa is upon the statement of Imam Abu Yusuf that dividing equally between male and female is more virtuous than making three parts (two for the male and one for the female), which is the statement of Imam Muhammad.”
In Hashiyah Tahtawi, from Fatawa Bazzaziyyah, it is stated:

“الافضل فی ھبۃ البنت والابن التثلیث کالمیراث وعند الثانی التنصیف وھو المختار”

“It is more virtuous in Hibah (gift given during lifetime) to a daughter and son to make three shares as in inheritance. And according to the second (i.e. Imam Abu Yusuf رحمہ اللہ تعالی), to give half and half is more virtuous, and this is the chosen view.”
In summary, the difference is only regarding what is more virtuous. According to the Madhhab-e-Mukhtar (the chosen position), equality is more appropriate. However, if some children possess superiority in Deeni Fazilat (religious virtue) over others, then giving them preference in that regard is not objectionable at all.

 Fatawa Razawiyyah, Volume 19, Page 231, Raza Foundation Lahore )

Answered by: Hafiz Jahanzaib (Ask Mufti Scholar)
Verified by: Mufti Sajid Attari
Translated Answer
Date: 28th February 2026.