It is not permissible to resort to subterfuge to deprive a woman of her inheritance
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the Shaykh / M. Y. A. May Allah guide him to what pleases Him. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
Your letter dated 29/1/1416 AH has reached me, may Allah guide you, and it contained a question about what some people do in resorting to subterfuge to strip a woman of her right to inheritance.
Answer: It is not permissible for anyone to deprive a woman of her inheritance, or to resort to subterfuge in doing so; for Allah, Glorified and Exalted is He, has made inheritance obligatory for her in His Noble Book, and in the Sunnah of His trustworthy Messenger (peace and blessings be upon him), and all the scholars of the Muslims agree on this. Allah the Exalted said: [Surat al-Nisa: 11], and He said at the end of the surah: [Surat al-Nisa: 176].
Therefore, it is obligatory for all Muslims to act in accordance with the Shari'ah of Allah in inheritance and other matters, to beware of what contradicts this, and to disapprove of those who deny the Shari'ah of Allah, or resort to subterfuge in violating it by depriving women of inheritance or in other matters that contradict the pure Shari'ah. These people who deprive women of inheritance or resort to subterfuge in doing so, in addition to having contradicted the pure Shari'ah and contradicted the consensus of the scholars of the Muslims, have imitated the actions of the pre-Islamic age of ignorance of the disbelievers in depriving women of inheritance.
We ask Allah for you, for us, for them, and for all Muslims, well-being from everything that contradicts His Shari'ah.
It is obligatory for you and for others to report to the authorities those who call for depriving women of inheritance or resort to subterfuge in doing so; so that they may be punished with what they deserve through the Shari'ah courts.
May Allah guide us and you and all Muslims to what pleases Him, and rectify the condition of the Muslims, and guide them to what brings their salvation and happiness, and guide our rulers to all good, and support the truth through them; for He is the Generous, the Bountiful.
Peace be upon you, and Allah's mercy and blessings. After that:
Your letter dated 29/1/1416 AH has reached me, may Allah guide you, and it contained a question about what some people do in resorting to subterfuge to strip a woman of her right to inheritance.
Answer: It is not permissible for anyone to deprive a woman of her inheritance, or to resort to subterfuge in doing so; for Allah, Glorified and Exalted is He, has made inheritance obligatory for her in His Noble Book, and in the Sunnah of His trustworthy Messenger (peace and blessings be upon him), and all the scholars of the Muslims agree on this. Allah the Exalted said:
Allah 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. And 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
يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ فَإِن كُنَّ نِسَاء فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ وَلأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلأُمِّهِ الثُّلُثُ فَإِن كَانَ لَهُ إِخْوَةٌ فَلأُمِّهِ السُّدُسُThey 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. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.
يَسْتَفْتُونَكَ قُلِ اللّهُ يُفْتِيكُمْ فِي الْكَلاَلَةِ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ وَهُوَ يَرِثُهَآ إِن لَّمْ يَكُن لَّهَا وَلَدٌ فَإِن كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ وَإِن كَانُواْ إِخْوَةً رِّجَالًا وَنِسَاء فَلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ يُبَيِّنُ اللّهُ لَكُمْ أَن تَضِلُّواْ وَاللّهُ بِكُلِّ شَيْءٍ عَلِيمٌTherefore, it is obligatory for all Muslims to act in accordance with the Shari'ah of Allah in inheritance and other matters, to beware of what contradicts this, and to disapprove of those who deny the Shari'ah of Allah, or resort to subterfuge in violating it by depriving women of inheritance or in other matters that contradict the pure Shari'ah. These people who deprive women of inheritance or resort to subterfuge in doing so, in addition to having contradicted the pure Shari'ah and contradicted the consensus of the scholars of the Muslims, have imitated the actions of the pre-Islamic age of ignorance of the disbelievers in depriving women of inheritance.
We ask Allah for you, for us, for them, and for all Muslims, well-being from everything that contradicts His Shari'ah.
It is obligatory for you and for others to report to the authorities those who call for depriving women of inheritance or resort to subterfuge in doing so; so that they may be punished with what they deserve through the Shari'ah courts.
May Allah guide us and you and all Muslims to what pleases Him, and rectify the condition of the Muslims, and guide them to what brings their salvation and happiness, and guide our rulers to all good, and support the truth through them; for He is the Generous, the Bountiful.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.