What is the ruling on one who prevents daughters from their inheritance rights on the pretext that they are forgiving their brothers of that inheritance?
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The questioner : Shaykh, regarding the issue of inheritance, it is a known matter, especially in some countries, including our own, unfortunately. The issue is the consumption of women's wealth, which can happen through methods of shaming or other means. But sometimes it appears that the women, for example, say, "We are forgiving them." It might be, for example, a large amount of land or a house that, if sold, would fetch a significant sum. They say, "We are forgiving them." I believe this matter is not permissible.
The Shaykh : Of course not... Yes... It makes the people with rights say with their tongues what is not in their hearts. The evidence is that if a counselor or a defender of their rights were made available to them, they would raise their voices, and their inner state, if not their spoken words, would be, "That is not what we want." Based on this, I imagine that if you were to sit with your sisters and speak to them frankly, and through that frankness explain to them the ruling of the Shari'ah, they are, of course, supposed not to be unaware of it, but at least you would confirm for them the ruling of the Shari'ah that there is no difference between male and female in terms of sharing in the inheritance, regardless of the principle of the saying of Allah the Exalted:[An-Nisa 4:11] Once the idea or the ruling of the Shari'ah is confirmed for them, and you tell them that they are not required to submit to pre-Islamic ignorance, because this is from the pre-Islamic inheritance where they used to oppress women and not treat them as human beings, the contagion of that has spread to some of the ignorant people and has become a law that must be followed. The evidence is that the girls in all these communities are silent. So if you remind them of this matter and tell them, "The matter now concerns me, so I do not want to wrong you of your right, what is your opinion?"
Then try, as they say, "a simple Ahmad," meaning speak with complete frankness. In that case, in my belief, you will hear their desire to obtain their legal right. Based on what you hear from them, you then go to agree with your brother. Before the agreement, you must raise the issue among all the brothers, the men, that they give their sisters their rights. Because in my belief, if you take on this matter, it will result in great injustice. I mean, in my ignorance of the value of the inherited land, you will not be able to satisfy everyone. Based on what you find with you... you proceed to buy or not.
The questioner : Suppose they said, "We are forgiving them." I mean, on the assumption, of course, we assume this assumption. Is this after I have explained to them that the position is such and such?
The Shaykh : I have performed this explanation and detail, yet they insisted on that statement. There is no room for more than that. Have you not split open his heart? There is no way. But we say this explanation is to encourage them to be frank about what is in their hearts. If this explanation does not yield anything and they continue to say, "We are forgiving them," but the truth is the matter requires back and forth. For example, if they say, "We are forgiving them," why are they forgiving them? Why are they forgiving them? ... Your brother, for example, took a bracelet from your hand or a dinar from your safe, would you not claim your right, or would you say, "I forgive you"? I do not think they would say, "We are forgiving them"! So what is the difference between this and that? The person continues to pursue the one who says he is forgiving in order to deduce what is in his heart completely. But in the end, you will only hear, "Forgiving, forgiving..."
Another questioner: Shaykh, do you... socially, if a woman violates my right, it leads to boycotts, and they insult her and do not visit her.
The Shaykh : And she cries.
Another questioner: We see it like that.
The Shaykh : I know, we have come to these statements.
Another questioner: She has wronged her family, how can she do this act? By Allah, it is greater...
The Shaykh : Of course not... Yes... It makes the people with rights say with their tongues what is not in their hearts. The evidence is that if a counselor or a defender of their rights were made available to them, they would raise their voices, and their inner state, if not their spoken words, would be, "That is not what we want." Based on this, I imagine that if you were to sit with your sisters and speak to them frankly, and through that frankness explain to them the ruling of the Shari'ah, they are, of course, supposed not to be unaware of it, but at least you would confirm for them the ruling of the Shari'ah that there is no difference between male and female in terms of sharing in the inheritance, regardless of the principle of the saying of Allah the Exalted:
for the male, what is equal to the share of two females
للذكر مثل حظ الأنثيينThen try, as they say, "a simple Ahmad," meaning speak with complete frankness. In that case, in my belief, you will hear their desire to obtain their legal right. Based on what you hear from them, you then go to agree with your brother. Before the agreement, you must raise the issue among all the brothers, the men, that they give their sisters their rights. Because in my belief, if you take on this matter, it will result in great injustice. I mean, in my ignorance of the value of the inherited land, you will not be able to satisfy everyone. Based on what you find with you... you proceed to buy or not.
The questioner : Suppose they said, "We are forgiving them." I mean, on the assumption, of course, we assume this assumption. Is this after I have explained to them that the position is such and such?
The Shaykh : I have performed this explanation and detail, yet they insisted on that statement. There is no room for more than that. Have you not split open his heart? There is no way. But we say this explanation is to encourage them to be frank about what is in their hearts. If this explanation does not yield anything and they continue to say, "We are forgiving them," but the truth is the matter requires back and forth. For example, if they say, "We are forgiving them," why are they forgiving them? Why are they forgiving them? ... Your brother, for example, took a bracelet from your hand or a dinar from your safe, would you not claim your right, or would you say, "I forgive you"? I do not think they would say, "We are forgiving them"! So what is the difference between this and that? The person continues to pursue the one who says he is forgiving in order to deduce what is in his heart completely. But in the end, you will only hear, "Forgiving, forgiving..."
Another questioner: Shaykh, do you... socially, if a woman violates my right, it leads to boycotts, and they insult her and do not visit her.
The Shaykh : And she cries.
Another questioner: We see it like that.
The Shaykh : I know, we have come to these statements.
Another questioner: She has wronged her family, how can she do this act? By Allah, it is greater...