Distinguishing males from females and depriving daughters of some of their rights
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The fourth question of Fatwa No. ( 4894 )
Q4: My father passed away and left us a piece of land, me and my brothers (a group of males and females). Before he died, he wrote the land in the form of a preliminary sales contract. When he died, I was young, so when I grew up, I learned that this inheritance—the land—had not been distributed—inherited—according to the Shari'ah, as each daughter is short one feddan to complete her share of the Islamic inheritance, as stated in the Book and the Sunnah. So I said to my male brothers: "Let us redistribute the inheritance in light of the Book and the Sunnah," but they refused. So I tried to give them their rights, meaning the daughters; there are seven daughters. Through a calculation, I found that each daughter has 3 qirats of it with me, which is a small amount. All this while the daughters know nothing about this matter. The question is: How should I act, and I do not have money to buy the daughters' inheritance? And if
I take 3 qirats from me, they cannot farm it, and if they take it, it will lead to great damage to my land, as their children are numerous and they work to ruin my land. So what do I do, and what is the Islamic solution? And if the daughters say: "We forgive you," is that sufficient according to the Shari'ah, or what?
First: If the situation is as you described, then it appears that your father did wrong by distinguishing between his sons and daughters and depriving his daughters of some of their rights, and your brothers did wrong by refusing to give their sisters what was missing from their rights in their father's inheritance, in order to clear their conscience and free themselves from injustice. You did well by being willing to give your sisters the share of the inheritance that came to you. Second: If your sisters forgive you, or forgive everyone, then the conscience is cleared and the problem of division is resolved, and reward is hoped for the one who does good, and Allah loves those who do good. If they do not forgive you and the division of the land is facilitated, then give them their share of the land, even if it is in one area shared among them. If that is not facilitated and it causes hardship for you or for them, then appraise their right in the land with you at a fair value and give them that value in money or otherwise, according to mutual agreement and facilitation. If none of that is facilitated, then you and they should return to the people
expertise and trustworthiness in this matter to look into a solution for your problem, or to the court, according to what the reality of your situation dictates. And Allah is the Helper. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q4: My father passed away and left us a piece of land, me and my brothers (a group of males and females). Before he died, he wrote the land in the form of a preliminary sales contract. When he died, I was young, so when I grew up, I learned that this inheritance—the land—had not been distributed—inherited—according to the Shari'ah, as each daughter is short one feddan to complete her share of the Islamic inheritance, as stated in the Book and the Sunnah. So I said to my male brothers: "Let us redistribute the inheritance in light of the Book and the Sunnah," but they refused. So I tried to give them their rights, meaning the daughters; there are seven daughters. Through a calculation, I found that each daughter has 3 qirats of it with me, which is a small amount. All this while the daughters know nothing about this matter. The question is: How should I act, and I do not have money to buy the daughters' inheritance? And if
I take 3 qirats from me, they cannot farm it, and if they take it, it will lead to great damage to my land, as their children are numerous and they work to ruin my land. So what do I do, and what is the Islamic solution? And if the daughters say: "We forgive you," is that sufficient according to the Shari'ah, or what?
First: If the situation is as you described, then it appears that your father did wrong by distinguishing between his sons and daughters and depriving his daughters of some of their rights, and your brothers did wrong by refusing to give their sisters what was missing from their rights in their father's inheritance, in order to clear their conscience and free themselves from injustice. You did well by being willing to give your sisters the share of the inheritance that came to you. Second: If your sisters forgive you, or forgive everyone, then the conscience is cleared and the problem of division is resolved, and reward is hoped for the one who does good, and Allah loves those who do good. If they do not forgive you and the division of the land is facilitated, then give them their share of the land, even if it is in one area shared among them. If that is not facilitated and it causes hardship for you or for them, then appraise their right in the land with you at a fair value and give them that value in money or otherwise, according to mutual agreement and facilitation. If none of that is facilitated, then you and they should return to the people
expertise and trustworthiness in this matter to look into a solution for your problem, or to the court, according to what the reality of your situation dictates. And Allah is the Helper. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.