Assalam alaikum
I am my husband’s second and only wife and he has 3 kids from previous marriage I also have 1 from my previous marriage and we have no kids together.
I was just wondering if it is permissible for him to leave 25% share in his will for me rather than 12.5% since he has authority on 30% of his wealth according to inheritance law in Islam to do as he wishes.
Jzk Allah
Wasalam
May Allah bless you.
Someone who falls under the category of “dawil furudh,” meaning individuals with predetermined inheritance shares, cannot have their portion increased to the detriment of other inheritors. Should your husband desire to give you more, he has the option to present a gift during his lifetime. Otherwise, any additional bequests he intends to leave for yourself, would require the consent of the remaining heirs after his passing.
The one-third share for bequests you’re referring to is indeed designated for those who are not among the pre-determined heirs, as mentioned earlier. This provision allows for some flexibility within estate planning, ensuring that individuals outside of the direct inheritance categories can benefit, subject to the stipulations of the will or estate planning process.
And Allah knows best!