Can you leave more to a child with special needs than their other children in your will?

Islamic inheritance laws are not based on human judgement or personal preference—they are set by Allah in the Quran with wisdom, justice, and compassion. Once a person passes away, their estate must be divided according to the clear shares outlined in Surah An-Nisa (4:11–14). It is not permissible to alter these fixed portions or to favour one heir over another.

This means that a parent cannot increase the share of a child with special needs beyond what has been prescribed by Allah. However, Islam does provide a merciful and practical solution: a person may bequeath up to one-third (⅓) of their estate to non-heirs through a wasiyyah (Islamic will). This one-third portion may be used to provide additional support to a child with special needs, but only if the other heirs agree to this allocation, especially if the child is also a Shari’ah-defined heir.

To avoid disputes, it is advisable to discuss this intention during one’s lifetime and secure the understanding and consent of the other children in advance.

It is also important to note that during one’s lifetime, when giving gifts or financial support to children, Islam commands fairness—boys and girls must be treated equally, as taught by the Prophet Muhammad (peace be upon him).

It is a common misconception that Islamic inheritance law favours men over women. In truth, Islamic inheritance is based on roles and responsibilities, not on personal value. In some cases, a daughter may inherit more than a son, equal to a son, or less than a son, depending on the family structure and surviving heirs. The system is comprehensive and situational.

For instance, if the deceased leaves behind a son’s daughter, a husband, and a father, the distribution of the estate would be as follows according to Islamic inheritance laws:

 

– Son’s daughter: receives half of the estate.
– Husband: receives a quarter of the estate.
– Father: receives a sixth of the estate.

When a male heir does receive more, such as a son receiving twice the share of a daughter, it is because Islam places a financial responsibility on males. Sons, brothers, husbands, and fathers are obliged to provide for the women in their families, including daughters, wives, sisters, and mothers. Therefore, a larger share comes with a greater duty.

It is not permitted to increase the inheritance share of a child with special needs beyond what Allah has prescribed.

You may allocate up to one-third of your estate in a will for their care, with the agreement of the other heirs.

•During life, gifts must be distributed equally between sons and daughters.

Islamic inheritance laws are not unfair; they are balanced and based on divine wisdom, with financial responsibility taken into account.

“Allah commands you regarding your children: for the male, what is equal to the share of two females…”

(Surah An-Nisa 4:11)

“These are the limits set by Allah, and whoever obeys Allah and His Messenger will be admitted to gardens under which rivers flow…”

(Surah An-Nisa 4:13)

And Allah knows best.