Is the distribution of the inherited house and the division of its revenues in the manner mentioned, with the deduction of two rooms' rent from the share of one of the female heirs, considered permissible and lawful?
It is permissible, according to Islamic law, to divide the rent of an inherited house monthly or annually among the heirs, according to each one's share, while the house remains jointly owned. It is also permissible to divide it by usufruct, so that each heir takes an apartment or rooms for dwelling or rent. It is also permissible to divide it by definitive partition through mutual consent, whereby each heir takes an apartment or rooms with or without valuation, even if there is a slight unfairness, provided all agree and are adult and competent. If they do not agree, then by drawing lots after valuing each floor, and each heir takes what equals his share. It is permissible to divide the house in any manner if it is by mutual consent and all heirs are adult and competent.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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