What is the ruling regarding agricultural land that the grandfather bought and registered in the names of his male children only? Is it considered exclusive to them, to the exclusion of females, given that there are other properties that will be divided among all heirs? Is what is reaped from this land considered unlawful? And what should the son of one of these males do?
It has been previously stated that justice between children, male and female, in giving gifts is obligatory, and it is not permissible for a father to bestow a gift upon some without others. Thus, what the man did by gifting the land to the sons without the daughters is an injustice. However, if the man dies before retracting the unjust gift, it becomes valid according to the general consensus of scholars, and the land becomes the property of the favored children. The more cautious approach, to absolve their consciences and their father's conscience, is for them to return the land to the estate to be divided according to Islamic law.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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