Fatwas on Inheritance of children

Imam Suhaib Hasan on behalf of the The Shari'a Council of Britain has provided guidance on matters relating to children and their inheritance, in response to specific questions that we raised below.

Q: Is it permissible under the Sharia to delay a child's inheritance until the parent considers he has reached maturity for example 21?

A: Yes, until child reaches an age of Rushd (i.e. good awareness of handling the money, normally the age of adulthood).

Q: Is there a recommended age when a child should inherit and is considered mature enough under the Sharia?

A: It differs from child to child. Some even after attiring adulthood, are not wise enough to deal with monitory matters.

Q: Who can give consent on behalf of a child regarding specific arrangements relating to his inheritance?

A: His guardian i.e. the father, or uncle or grandfather or an elder brother.

Q: Who should look after the child's inheritance until he is old enough to inherit?

A: One of the guardians.

Q: Can a child's inheritance be used during his childhood to provide for his education, maintenance and benefit rather than just keeping it aside until he is old enough to inherit the whole amount but going without things he needs until then?

A: If there are no other funds to cater for his need, inheritance money could be spent on him by his guardian with all honestly.

Q: If a child is mentally impaired and does not understand the concept of money, is he still entitled to a share?

A: Insanity does not make him lose his share. The guardian is responsible to spend his money on his welfare. The state does not take care of all his needs. He may still he needing money for some of his needs. It does not matter if the money remained deposited. The guardian has to pay Zakat on it regularly. After the death of this child, it is to be received by his inheritors.

Submitted on Mar-23-2009

Written by Imam Suhaib Hassan on behalf of the Sharia council

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.