Excluding Women from Inheritance by Tribal Customs
Machine translationRead the Arabic original
Question:
It is well known in the southern region that tribal customs are resorted to for judgment,[Yusuf 12:40], and among these is not giving the woman her right in inheritance, as is the law of Allah. Whoever demands this is considered to have departed from the customs, and the society in that region views him as an innovator. We ask Your Eminence to point this out and to write to them officially.
Answer:
This exists among some people, and the government, praise be to Allah, is striving against this, and the courts are also striving against this. If anyone were known for this, the necessary punishment of beating or killing would be carried out against him. We also wrote about this last time in a statement on the obligation to adhere to the Shari'ah and leave behind the traditions of fathers and grandfathers. Others have written as well, and this is a writing that is distributed in the south, because this has occurred in parts of the south, and they do not hide it. Even if someone is punished for it, the woman is excluded from the inheritance and so on. Praise be to Allah, this is a matter that is enforced. As for if there is in the hearts of some people remnants of the ways of the father and mother, and it appears and no one knows of it, then his affair is with Allah, Glorified and Exalted is He.
It is well known in the southern region that tribal customs are resorted to for judgment,
for which Allah has sent down no authority
مَّا أَنزَلَ اللَّهُ بِهَا مِن سُلْطَانٍAnswer:
This exists among some people, and the government, praise be to Allah, is striving against this, and the courts are also striving against this. If anyone were known for this, the necessary punishment of beating or killing would be carried out against him. We also wrote about this last time in a statement on the obligation to adhere to the Shari'ah and leave behind the traditions of fathers and grandfathers. Others have written as well, and this is a writing that is distributed in the south, because this has occurred in parts of the south, and they do not hide it. Even if someone is punished for it, the woman is excluded from the inheritance and so on. Praise be to Allah, this is a matter that is enforced. As for if there is in the hearts of some people remnants of the ways of the father and mother, and it appears and no one knows of it, then his affair is with Allah, Glorified and Exalted is He.
Source
ندوات الجامع الكبير مع الأسئلة - 57 — archive.org (1:20:41)
The Arabic text is a machine transcription of the audio recording.
