Repentance from Depriving Women of Their Inheritance
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Fatwa No. ( 17784 )
Q: In our tribe, the Banu Malik tribe belonging to the Ta'if province, there are inherited customs passed down from fathers and grandfathers, which are: not giving the woman her share of the inheritance when it is divided, where the inheritance consisting of residential lands, houses, farms, livestock, and money is divided among the males only, and sometimes some notables of the tribe are present at the division, and no woman is able to ask for anything of what Allah has prescribed for her
from the inheritance, rather, that is a matter that has been forgotten and lost in the community, and most of the women among us are unaware of what Allah has prescribed for them from the inheritance, as if our wealth is lawful for our males and forbidden for our females, and if someone is reminded of what the Book and the Sunnah have stipulated regarding inheritance, he says: I acknowledge the right of my female relatives who inherit with me, but I will not give them anything unless they ask for their share, trusting that his female relatives will not ask for anything of their share; due to their ignorance in that, and for not transgressing the tribal custom which rebukes them for that, no matter what their material need is, and no matter how wealthy their families are, also some see that it is difficult for his soul to have his sister's husband or her children enter with him into his father's money, and especially in the lands and farms, and he considers that a disgrace upon him, and when extracting a title deed for the properties, it is sufficient to mention the names of the female heirs in that property, and the real beneficiary and the one who disposes of the money is the man only, as for the share of the female heir, it is only writing her name in the title deed, and in the case of selling the property, the man only has to convince his female relatives who inherit with him by virtue of the title deed so that the sale is valid and the poor woman signs with approval and relinquishment to the buyer, and if the man incurs some cost, he may give his relative from the price of the sale like what he gives the poor person, and he calls that simplicity or a gift by which they silence the poor woman; therefore, I hope you will give us the legal ruling and the necessary guidance regarding those customs.
A: Allah the Exalted said:
[An-Nisa 4:7] , and Allah the Exalted said: [An-Nisa 4:11] , and He the Exalted said: [An-Nisa 4:12] the verse, and He the Exalted said: [An-Nisa 4:176] , and He the Exalted said: [An-Nisa 4:11]Musnad Ahmad 1206Lts isnad is Da'if] (Darussalam)
and the scholars agreed upon that, and He the Exalted said regarding wives:[An-Nisa 4:12] . In these noble texts from the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him), there is an explicit statement regarding the inheritance of women: mothers, grandmothers, daughters, sisters, and wives, and He named these inheritances: His limits, and whoever contradicts that and does not give them their inheritance is a disobedient one to Allah and His Messenger, an oppressor who changes the rulings of Allah, transgressing His limits, and if he considers that lawful, he is a disbeliever according to all scholars after the legal ruling in that has been clarified to him, and Allah, Glorified and Exalted is He, when He specified these inheritances for men and women, said: [An-Nisa 4:13-14] . So it is obligatory to repent from depriving women of their inheritance, and to give them
their right which Allah has prescribed for them, for Allah, Glorified and Exalted is He, has given every one who has a right his right, the Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 6737 . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his companions.
Q: In our tribe, the Banu Malik tribe belonging to the Ta'if province, there are inherited customs passed down from fathers and grandfathers, which are: not giving the woman her share of the inheritance when it is divided, where the inheritance consisting of residential lands, houses, farms, livestock, and money is divided among the males only, and sometimes some notables of the tribe are present at the division, and no woman is able to ask for anything of what Allah has prescribed for her
from the inheritance, rather, that is a matter that has been forgotten and lost in the community, and most of the women among us are unaware of what Allah has prescribed for them from the inheritance, as if our wealth is lawful for our males and forbidden for our females, and if someone is reminded of what the Book and the Sunnah have stipulated regarding inheritance, he says: I acknowledge the right of my female relatives who inherit with me, but I will not give them anything unless they ask for their share, trusting that his female relatives will not ask for anything of their share; due to their ignorance in that, and for not transgressing the tribal custom which rebukes them for that, no matter what their material need is, and no matter how wealthy their families are, also some see that it is difficult for his soul to have his sister's husband or her children enter with him into his father's money, and especially in the lands and farms, and he considers that a disgrace upon him, and when extracting a title deed for the properties, it is sufficient to mention the names of the female heirs in that property, and the real beneficiary and the one who disposes of the money is the man only, as for the share of the female heir, it is only writing her name in the title deed, and in the case of selling the property, the man only has to convince his female relatives who inherit with him by virtue of the title deed so that the sale is valid and the poor woman signs with approval and relinquishment to the buyer, and if the man incurs some cost, he may give his relative from the price of the sale like what he gives the poor person, and he calls that simplicity or a gift by which they silence the poor woman; therefore, I hope you will give us the legal ruling and the necessary guidance regarding those customs.
A: Allah the Exalted said:
For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much - an obligatory share.
لِلرِّجَالِ نَصِيبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَلِلنِّسَاءِ نَصِيبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَفْرُوضًاAllah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half
يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنْثَيَيْنِ فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُAnd if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt
وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ مِنْ بَعْدِ وَصِيَّةٍ يُوصَى بِهَا أَوْ دَيْنٍThey request from you a [legal] ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]." If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females
يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلالَةِ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ وَهُوَ يَرِثُهَا إِنْ لَمْ يَكُنْ لَهَا وَلَدٌ فَإِنْ كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ وَإِنْ كَانُوا إِخْوَةً رِجَالا وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الأُنْثَيَيْنِAnd for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth
وَلأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلأُمِّهِ الثُّلُثُ فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلأُمِّهِ السُّدُسُIt was narrated that ‘Abdullah bin Mulail said: I heard `Ali (رضي الله عنه) say: Each Prophet (ﷺ) was given seven advisers from his nation and the Prophet (ﷺ) was given fourteen advisers from his ummah, among them Abu Bakr and `Umar (رضي الله عنهما).
وأعطى النبي صلى الله عليه وسلم الجدة السدس،and the scholars agreed upon that, and He the Exalted said regarding wives:
And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave
وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ(13) These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment. (14) And whoever disobeys Allah and His Messenger and transgresses His limits - He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment.
تِلْكَ حُدُودُ اللَّهِ وَمَنْ يُطِعِ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِنْ تَحْتِهَا الأَنْهَارُ خَالِدِينَ فِيهَا وَذَلِكَ الْفَوْزُ الْعَظِيمُ (13) وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُهِينٌtheir right which Allah has prescribed for them, for Allah, Glorified and Exalted is He, has given every one who has a right his right, the Prophet (peace and blessings be upon him) said:
Give the Fara'id, (the shares prescribed in the Qur'an) to those who are entitled to receive it, and then whatever remains, should be given to the closest male relative of the deceased.
ألحقوا الفرائض بأهلها، فما بقي فلأولى رجل ذكر
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.