There are laws in my country that allow a daughter to inherit from her father and mother just as a son does, and this inheritance is called land inheritance. Is this permissible? And if we discuss it, they justify it by saying that the laws have permitted them this inheritance?
Machine translationRead the Arabic original
The questioner : There are laws in my country that allow a daughter to inherit from her father or mother just as a son does, and this inheritance is called land inheritance, which includes all land outside the cities, such as agricultural land. Is this permissible in the Shari'ah of Allah the Exalted? And if you say: You must take what Allah has commanded, namely that the male receives the share of two females, you will find an excuse that the laws have given me this right. What is your opinion, Your Eminence, regarding this inheritance?
The Shaykh : Our view in this matter is that this law is an invalid law because it contradicts the Shari'ah of Allah. The Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2521Sahih (Darussalam) It is not permissible for a Muslim to act in accordance with it, nor is it lawful for a woman to claim it, because a woman's right in inheritance, if she is among the daughters, or the daughters of a son, or full sisters, or paternal half-sisters, is half the right of a man. Allah Blessed and Exalted is He said: [An-Nisa 4:11] And He the Exalted said: [An-Nisa 4:176] And a sister does not equal her brother unless they are siblings from the same mother, as He the Exalted said: [An-Nisa 4:12] And I advise every believer in Allah and the Last Day, if the laws enable him to a right that he is not entitled to by the Shari'ah, that he should reject this law and not act in accordance with it, because it is invalid, and taking what it entails is consuming wealth by wrongdoing, so it is not permissible.
The questioner : May Allah reward you with good.
The Shaykh : Our view in this matter is that this law is an invalid law because it contradicts the Shari'ah of Allah. The Prophet (peace and blessings be upon him) said:
Every conditions that is not in the Book of Allah (SWT) is invalid, even if there are one hundred conditions.
كل شرط ليس في كتاب الله فهو باطل، وإن كان مائة شرطAllah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِIf there are both brothers and sisters, the male will have the share of two females.
وَإِنْ كَانُوا إِخْوَةً رِجَالًا وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِAnd 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
وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِThe questioner : May Allah reward you with good.