عربي
15 شعبان 1440  ,  21 نيسان 2019

Search Fatawaa


Fatwa Number : 3370

Subject : Denying Females Share in Inheritance is Consuming their Wealth Unjustly

Classified : "Wills and Obligations"in Inheritance

Fatwa Type : Search Fatawaa


Question :

What`s the ruling on denying females share in inheritance?


The Answer :

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all His family and companions.
Denying a female her share in inheritance is forbidden in Sharia{Islamic legislation} and it is an example of consuming wealth unjustly. Allah, The Almighty, said, "O ye who believe! Eat not up your property among yourselves in vanities: But let there be amongst you Traffic and trade by mutual good-will: Nor kill (or destroy) yourselves: for verily God hath been to you Most Merciful!"{An-Nisa`, 29}. In Islam, division of inheritance wasn`t entrusted to a Prophet or a Messenger; rather, Allah, Himself, has prescribed it in His Glorious Quran where He defined the share of each heir, and prepared a humiliating punishment for whomsoever transgressed that. He, The Exalted, said, "But those who disobey God and His Apostle and transgress His limits will be admitted to a Fire, to abide therein: And they shall have a humiliating punishment."{An-Nisa`, 14}. The Messenger of Allah (PBUH) said, "Allah decrees the (Hell) Fire and debars Jannah for the one who usurps the rights of a believer by taking a false oath." One man asked: "O Messenger of Allah! Even if it should be for an insignificant thing?" He said, "Even if it be a stick of the Arak tree (i.e., the tree from which Miswak sticks are taken)"{Related by Muslim}.

Accordingly, it is not permissible for any heir to deny other heirs their legitimate share in an inheritance, and this applies to females in particular, so it isn`t permissible to deny them any of their rights nor talk them into relinquishing their right in an inheritance while not fully content with doing so. The Prophet(PBUH) said: " It is not permissible to take the money of a Muslim except if he is fully content" {al-Bayhaqiyy in As-Sunan Al-Kobra}. We invite all Muslims to be mindful of Allah since He doesn`t bless unlawful wealth. The Messenger of Allah(PBUH) said, "This wealth is (like) green and sweet (fruit), and whoever takes it without greed, Allah will bless it for him, but whoever takes it with greed, Allah will not bless it for him, and he will be like the one who eats but is never satisfied. And the upper (giving) hand is better than the lower (taking) hand." And Allah knows best.




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