And how should the matter be handled if mutual agreement is not reached?
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The questioner : ... .
The Shaykh : Let us assume that anything that occurs contrary to the Shari'ah will not take place, and the matter is to be treated as if it did not occur. But here, in what came in the question, there is undoubtedly a ... something, but this too can be handled by those with expertise. For example, the land that was divided among the males and females based on inheritance, meaning the male receives the share of two females, as stated in the question. This land had a building constructed on it, so its cost and price have increased. It is now assumed that the building was not constructed, and then the cost of this construction that was erected is calculated. That is, the one who received a share is given the same share as the others, meaning two shares. Then the construction is also calculated, so it becomes a partner, for example, in a certain percentage, ten, twenty, or thirty percent, depending on the value of the land on which the construction was built. The important thing is that it is assumed that this division did not take place, and that each person takes his right like the others, because here the division is not permissible to take place according to the system of inheritance, but rather according to the system of gift. In the system of gift, there is no rule here that the male receives the share of two females. This is how the matter must be handled.
The Shaykh : Let us assume that anything that occurs contrary to the Shari'ah will not take place, and the matter is to be treated as if it did not occur. But here, in what came in the question, there is undoubtedly a ... something, but this too can be handled by those with expertise. For example, the land that was divided among the males and females based on inheritance, meaning the male receives the share of two females, as stated in the question. This land had a building constructed on it, so its cost and price have increased. It is now assumed that the building was not constructed, and then the cost of this construction that was erected is calculated. That is, the one who received a share is given the same share as the others, meaning two shares. Then the construction is also calculated, so it becomes a partner, for example, in a certain percentage, ten, twenty, or thirty percent, depending on the value of the land on which the construction was built. The important thing is that it is assumed that this division did not take place, and that each person takes his right like the others, because here the division is not permissible to take place according to the system of inheritance, but rather according to the system of gift. In the system of gift,
Be just among your children
اعدلوا بين أولادكم
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
