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Is the deceased's wife entitled to choose to take a commercial shop as part of her legal share of the inheritance, knowing that this shop has been used by the deceased's son for many years with his father's consent and without formal documents, and that the sons offered her her share in cash and she refused?

1 min readAlso available in العربية

Each heir owns his share of the inheritance in common throughout all its parts. Therefore, some heirs are not entitled to independently take possession of certain parts without the consent of the others, and some cannot be compelled to accept parts and relinquish their share in the rest. If a father gifted a property to one of his sons with a gift that fulfills the legitimate Islamic conditions, then the property belongs solely to the son and is not part of the inheritance. Inheritance disputes can only be resolved through Islamic courts or arbitration; a fatwa is of no avail in this regard.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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