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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.






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