Back to search
The question

Should a father demand his remaining share of the inheritance, fearing harm to the grandmother?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Your father is not at fault for demanding his full share of the inheritance from his brother, for the deceased's estate is a trust that must be distributed to the heirs. Allah does not like the public utterance of evil, except by one who has been wronged, and the wronged person has the authority to demand their rights.

However, before resorting to litigation, one must: 1. Ascertain that injustice has occurred through clear evidence, not mere suspicions. 2. Engage in calm dialogue between the two parties and involve people of goodness and knowledge to mediate and resolve the issue before going to court. 3. Your father incurs no sin if his mother grieves or becomes angry because he resorts to litigation, provided the injustice is clear. He should convince her of the reasons, as a mother does not have the right to demand that her child relinquish his rights. Obedience to parents is not required in matters of sin, nor is it obligatory if it causes harm to the child.

Forgiveness and pardon are preferable for those who seek higher virtues, but there is no blame on one who resorts to litigation.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
26651
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy