May one bypass the law of inheritance by giving away property during one’s lifetime?

No. Anyone who deliberately gives an heir more than their share during their lifetime, and so disadvantages the others, violates the spirit of the inheritance laws of the Holy Qur’an. One may, however, freely dispose of up to a third of one’s wealth.

The Holy Qur’an sets out precisely which relative receives which share of an inheritance. This order protects peace within the family and makes sure no one is left with nothing. The second verse above places it under God’s own protection.

Some people try to get around this order. During their lifetime they sign over a large part of their property to a favourite child or a preferred relative who would inherit anyway. This is forbidden, because it takes from the other heirs what is rightfully theirs. The first hadith above shows how seriously the Holy Prophet Muhammad (saw) took fairness between children.

Not every inequality is an injustice, though. Parents give their children as much education as they can afford at the time. Perhaps the family was poor when the eldest child went to school and better off when the youngest went to university. There is no intention to favour anyone. Such differences simply come with the course of life.

There is also room for personal choice. A person may dispose of up to a third of their wealth as they wish, during their lifetime or through a bequest, for example to friends, to relatives who have no share, or to a good cause. The second hadith above names this third as the limit. Gifts to good causes are also allowed, because owners may decide what to do with their property. What is forbidden is deliberately undermining the order of inheritance.