عربي
25 Rabi al-Thani 1443  ,  30 November 2021

The General Iftaa` ... Date Added: 25-10-2020

Prophet Mohammad (PBUH) ... Date Added: 24-09-2020

Statement on the so-Called ... Date Added: 30-01-2020

Ijtihad & Taqlid Date Added: 27-01-2020

The Family and Ramadan Date Added: 26-04-2021

The Pandemic Absolves a ... Date Added: 15-03-2021

Forbearance is the Basis ... Date Added: 04-01-2021

The Participation in ... Date Added: 11-11-2020

Fatawaa


Subject : Trusting Sharia Judge`s Division of Inheritance

Fatwa Number : 698

Date : 10-05-2010

Classified : "Wills and Obligations"in Inheritance

Fatwa Type : Search Fatawaa


Question :

Many women don`t trust lawyers and judges because some of them lack the necessary experience in inheritance legislations and they side with men at the expense of both women and children?



The Answer :

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

This question isn`t accurate because the division of the inheritance has no room for personal Ijtihad (Independent reasoning) since all the numbers are determined in the Quran and the Islamic Jurisprudence. It is true that injustice could happen as regards determining the prices of the movable and immovable properties; however, in principle, the division remains correct. 

As for not trusting lawyers and judges, this is a personal matter that isn`t limited to men or women because, personally,  I know many of them who fear Allah when handling cases.

As for siding with men at the expense of women and children, this is wrong because the judge personally interferes to protect the inheritance rights of the minors. And Allah the Almighty knows best.




Comments

 

Name *

E. mail Address *

Country

Comment Title *

Comment *

 
 

Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.