How can the issue of dividing a large house owned by five heirs (three males and two females) be resolved in a way that achieves the highest value for all and prevents conflict, taking into account four proposed options for selling or dividing, especially given the absence of Sharia courts in the country?
Disputes and conflicts cannot be resolved remotely; rather, they must be presented before Sharia courts or those possessing knowledge and sound judgment. Any type of division is permissible by agreement, even if it involves some parties waiving their rights. If no agreement is reached on selling or dividing, and one of the partners demands their right, then their request must be granted, and the property divided, unless division would cause harm. If division causes harm, the property is sold, and its price distributed. The harm that prevents division is the depreciation of value caused by it. Shaykh al-Islam Ibn Taymiyyah said: "Whatever cannot be physically divided, if one of the partners requests its sale and the division of its price, it shall be sold, and its price divided." If one of the partners calls for sale and the other refuses, the judge shall sell it on their behalf and divide the price. In summary, the request of whoever seeks division must be granted if it causes no harm; otherwise, the property is sold, and its price divided. Some scholars believe that reconciliation is the best way to resolve disputes among relatives, unless the right is clearly established or there is fear of discord or animosity.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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