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What is the ruling on the action of a grandfather who registered three plots of land in the name of his only son, thereby disinheriting his two daughters, and took half of one daughter's dowry to pay as a dowry for his son's wife? What is the ruling on the action of the maternal uncle who deceived his sister into waiving her share of their mother's inheritance? Does registering the lands in his name absolve him of sin? Is it permissible for the sister, if her brother refuses to treat her fairly, to take her share of her father's estate according to man-made law as compensation for the injustice inflicted upon her?

1 min readAlso available in العربية

The answer to this question can be provided through the following points:

1. A father registering plots of land in his son's name is not considered a will for an heir, and it does not nullify the sister's right or the rights of other heirs in them, unless they agree to it, because a will for an heir is not executed except with the permission of the heirs.

2. If the grandfather's registration of the lands in his son's name was an enforceable gift, then it is considered an unjust gift due to the lack of equality among the children in the giving. Scholars have differed on its validity after the death of the giver before retracting it. The more probable view is that it becomes effective upon his death, but the brother should remove the injustice from his sister and give her her right.

3. The grandfather and his son taking part of the aunt's dowry and paying it as a dowry for her brother's wife is forbidden if it was not with her consent.

4. Merely writing the lands in the brother's name does not absolve him of sin. He is obligated to give everyone their due right and distribute the inheritance to those who are entitled to it. It is not permissible to cooperate with an oppressor in his oppression.

5. These matters must be presented to the judiciary for resolution, as a long time has passed since the estates were divided, and there is contention and dispute in them. It is not sufficient to merely ask about them from a distance.

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

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