Is the mother entitled to claim the usufruct of the house that the father wrote for her but did not officially register, and what is the ruling on her refusal to distribute the inheritance?
It is not considered an act of disobedience (ʿuqūq) for children to request their share of their father's inheritance. It is preferable to reach a mutual agreement and seek the help of wise individuals to resolve the issue. If no agreement is reached, the matter should be referred to the court. If a husband grants the usufruct of his house to his wife for life (al-ʿumra), this is legally permissible and is a gift (hiba) that cannot be revoked, and it becomes binding upon possession. However, if this was a will (waṣiyya) to take effect after death, it is not valid for an heir, nor for more than one-third of the estate, unless approved by the other heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 150407
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy