What is the ruling of Islamic law regarding a daughter reclaiming her right from her father who took her money for trading, then denied her right and empowered one of his sons with his wealth? And is she entitled to resort to the courts?
It is permissible to file a lawsuit against a brother to claim one's right, especially if the father has passed away, and the right can be claimed before the distribution of the inheritance.
As for filing a lawsuit against the father, there is a difference of opinion:
- The majority of jurists (Hanafis, Malikis, and Shafi'is) permit a son to demand his debt from his father and to bring him before a court. This is not considered disobedience (uquq). - The Hanbalis do not permit a son to demand his debt from his father, citing the hadith, "You and your wealth belong to your father," and they do not permit the father to be imprisoned for a debt owed to his son.
In summary, merely demanding one's debt from one's father is a matter of dispute, and imprisoning him is not permissible according to the majority. However, it is permissible to prove the right and enforce it without imprisonment. It is best for the questioner not to resort to legal action initially, but rather to seek mediation with her father through relatives and virtuous people. If that does not work and she refers her matter to a judge, she has a legitimate basis for establishing the right, not for punishing the father. Litigation has other benefits besides punishment, such as bringing the defendant before the court and declaring him فاسق (transgressor) if he refuses to appear.
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