Is it obligatory to divide inherited property Islamically based on the number of sons and daughters, knowing that one of the paternal uncles refuses the Islamic division and demands a third of the house, claiming it was bequeathed by the grandfather, and should the uncle pay my parents the cost of construction at the price of the time of construction in 1988 or at the price of the time of payment, and is his payment at today's price considered usury (riba)?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
A bequest to a son who is an heir is not valid, due to the Prophet's (peace and blessings be upon him) saying: "Indeed, Allah has given every rightful person his right, so there is no bequest to an heir." Thus, he only receives his legal share of the inheritance. As for what the brother paid on behalf of his brother for the construction costs, it is considered a debt to be repaid in kind, and it is not permissible to link it to price levels or inflation.
Summarized from the full answer at Ftawy · imported
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