The Ruling on Dividing Real Estate Whose Original Ownership Belongs to the State
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Question:
He says: If the original ownership of the land belongs to the state, and it has been utilized by individuals for a very long time, is it permissible to treat the male heir the same as the female heir when dividing the estate among the heirs of one of the individuals?
Answer:
If the state granted them this land, or if they purchased it from the state, there is no harm. Otherwise, as long as it remains the property of the state, they are either tenants or borrowers, and they have no right to the land, unless the state granted them the land or gave it to them, in which case it is according to the terms of the grant, with each having his share, or the state sold it to them. But if there was no sale and no grant, and it remains the property of the state, they are considered either tenants, or borrowers, or usurpers, if they entered it by force without permission. Yes.
The presenter: May Allah reward you with good.
He says: If the original ownership of the land belongs to the state, and it has been utilized by individuals for a very long time, is it permissible to treat the male heir the same as the female heir when dividing the estate among the heirs of one of the individuals?
Answer:
If the state granted them this land, or if they purchased it from the state, there is no harm. Otherwise, as long as it remains the property of the state, they are either tenants or borrowers, and they have no right to the land, unless the state granted them the land or gave it to them, in which case it is according to the terms of the grant, with each having his share, or the state sold it to them. But if there was no sale and no grant, and it remains the property of the state, they are considered either tenants, or borrowers, or usurpers, if they entered it by force without permission. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
