What is the guidance regarding some judges who bequeath to the relatives of the deceased (dhawi al-aram) in the presence of those entitled to inheritance?
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Question:
We will take the questioner, Musayyad, on the line. Musayyad, please go ahead. Peace be upon you. O Shaykh Salih, may Allah keep you in good health. May Allah reward you with good. O Shaykh Salih, I bear witness to Allah, Lord of the Great Throne, that I love you for the sake of Allah. May Allah reward you with good. Yes. May Allah bless you in this world and the Hereafter. O Shaykh, I have a question, may you live long, and I want you to issue a ruling for me based on what Allah said in His Book:[An-Nahl 16:43]. Yes. The question asks: Does the son of a daughter, if his mother died after his father, have the right to take his deceased mother’s share? And if the answer is no, what do you advise the judges who bequeath to the relatives of the deceased (dhawi al-aram) in the presence of those entitled to fixed shares, and who legislate a law that Allah has not legislated? And may Allah reward you with good for me and for all Muslims.
Answer:
By Allah, my brother, as for the judges, I am not a reference for the judges; their reference is the Ministry of Justice. So if you have a problem or an objection to one of them, submit it to the Court of Cassation or submit it to the Court of Appeal, and they will look into whether this objection is correct or not. They are the ones who know about inheritance and its order among the entitled persons. So refer to the judges. Yes.
We will take the questioner, Musayyad, on the line. Musayyad, please go ahead. Peace be upon you. O Shaykh Salih, may Allah keep you in good health. May Allah reward you with good. O Shaykh Salih, I bear witness to Allah, Lord of the Great Throne, that I love you for the sake of Allah. May Allah reward you with good. Yes. May Allah bless you in this world and the Hereafter. O Shaykh, I have a question, may you live long, and I want you to issue a ruling for me based on what Allah said in His Book:
So ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَAnswer:
By Allah, my brother, as for the judges, I am not a reference for the judges; their reference is the Ministry of Justice. So if you have a problem or an objection to one of them, submit it to the Court of Cassation or submit it to the Court of Appeal, and they will look into whether this objection is correct or not. They are the ones who know about inheritance and its order among the entitled persons. So refer to the judges. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 1512 - ما التوجيه حول بعض القضاة الذين يورثون ذوي الأحرام مع وجود مستحق الميراث - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
