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Is it permissible for one of the heirs to obstruct the sale of inherited land—which is miri land—under the pretext of the necessity of converting it to shar'i (Sharia-compliant) land, and to compel the remaining heirs to bear the costs, threatening to sever ties of kinship, and what is the method for distributing the price of the land if it is sold as miri?

1 min readAlso available in العربية

"Miri land" is state-owned. Its distribution as a gift equally between male and female is permissible under Islamic law because it is not an inheritance. Rather, it is the transfer of the right of usufruct over land whose title remains vested in the state, and this is based on public interest.

If the state permits the sale of Miri land, it is to be sold, and its price divided among the heirs according to Islamic inheritance laws. If the state does not permit its sale, then it is impermissible to sell it. If it is possible to convert it into private ownership (milk land), then waiting is obligatory, along with utilizing it for cultivation.

If the state permits the sale of Miri land, the heirs are not obligated to wait for its conversion into private ownership, even if that would increase its price, due to the harm of delay and expenses. If it is not possible to give a partner his share of it to enable him to convert it to private ownership, then the land is to be sold as is, and its price divided according to Islamic law.

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Source platform
Ftawy
Original fatwa ID
18010
Imported
Translation status
Source text, unreviewed
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