The Ruling on Depriving Daughters of Their Inheritance
Machine translationRead the Arabic original
Question:
Our brother has another case in which he says: My grandfather, my father’s father, passed away sixteen years ago, leaving behind agricultural land and sons and daughters. However, some people among us do not give the daughters a share of their father’s estate. The sons cultivated the land, and then, five years later, we left the country for abroad, leaving two of the children behind. The sons cultivated the land and exploited it for five years.
This matter took place while I was young. After I grew up and read the Qur’an and learned how the estate is divided between sons and daughters, I want to know the ruling of the Shari’ah in this, especially after the period that has passed without any of the daughters receiving anything.
By the way, all the daughters are married, and they are in no need of this. If the daughters waive their share in this from the past until now, is the conscience cleared? We ask for guidance. May Allah reward you with good.
Answer:
Not giving the daughters their share of the inheritance is a pre-Islamic practice from the ways of the pre-Islamic age of ignorance (jahiliyyah). The people of the pre-Islamic age of ignorance (jahiliyyah) did not bequeath to daughters or to young children, saying: “Only the one who carries the weapon and fights as a man takes the wealth.” This is a great error. Allah sent down the great Qur’an and sent His noble Messenger (peace and blessings be upon him) with decisive laws, and He made it so that wealth is distributed between males and females, [Surat al-Nisa: 11], among children and brothers, whether full or paternal, and He established a specific share for maternal brothers.
It is obligatory for Muslims to follow the path of the Shari’ah and to adhere to what Allah has ruled, giving the daughters their right and the males their right. They must pay the daughters what they previously took of their right, unless the daughters permit it and waive their previous or subsequent right. If they are mature and of legal age, there is no harm in that. You should refer to the court regarding anything that is unclear to you, concerning the past and the present, so that you proceed in a clear manner in all matters of the estate, whether in the present, the future, or the past. If any of the married or unmarried daughters, who are mature and of legal age, permit the waiver of some of their right or of their entire right, there is no harm in that. Yes.
The presenter: May Allah reward you with good.
Our brother has another case in which he says: My grandfather, my father’s father, passed away sixteen years ago, leaving behind agricultural land and sons and daughters. However, some people among us do not give the daughters a share of their father’s estate. The sons cultivated the land, and then, five years later, we left the country for abroad, leaving two of the children behind. The sons cultivated the land and exploited it for five years.
This matter took place while I was young. After I grew up and read the Qur’an and learned how the estate is divided between sons and daughters, I want to know the ruling of the Shari’ah in this, especially after the period that has passed without any of the daughters receiving anything.
By the way, all the daughters are married, and they are in no need of this. If the daughters waive their share in this from the past until now, is the conscience cleared? We ask for guidance. May Allah reward you with good.
Answer:
Not giving the daughters their share of the inheritance is a pre-Islamic practice from the ways of the pre-Islamic age of ignorance (jahiliyyah). The people of the pre-Islamic age of ignorance (jahiliyyah) did not bequeath to daughters or to young children, saying: “Only the one who carries the weapon and fights as a man takes the wealth.” This is a great error. Allah sent down the great Qur’an and sent His noble Messenger (peace and blessings be upon him) with decisive laws, and He made it so that wealth is distributed between males and females,
for the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِIt is obligatory for Muslims to follow the path of the Shari’ah and to adhere to what Allah has ruled, giving the daughters their right and the males their right. They must pay the daughters what they previously took of their right, unless the daughters permit it and waive their previous or subsequent right. If they are mature and of legal age, there is no harm in that. You should refer to the court regarding anything that is unclear to you, concerning the past and the present, so that you proceed in a clear manner in all matters of the estate, whether in the present, the future, or the past. If any of the married or unmarried daughters, who are mature and of legal age, permit the waiver of some of their right or of their entire right, there is no harm in that. 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.