Back to search
The question

What is the ruling in the Maliki school of thought concerning someone who utilized inherited, undivided land for 30 years and added plantings to it, then passed away and his children continued to utilize it, so how should the lawful division be carried out?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The land in question is an inheritance for all the heirs of the first deceased. As for what some of them planted therein under a misconception, their heirs must pay the value of the land that was planted so that it may revert to the general inheritance and be divided with it, and thus the land and the plantings become their private property. Alternatively, the heirs may pay the value of the standing plantings so that they may be added to the inheritance and divided with it. If either party refuses to pay the value, then both are partners in the land and the plantings according to each one's share on the day of judgment. Ibn Abi Zayd Al-Maliki said: "And the one entitled to the land, after it has been cultivated, pays the value of the standing land. If he refuses, the buyer pays him the value of the uncultivated land. If he refuses, they become partners according to the value of what each one possesses." If the adult, mature heirs agree upon a settlement or division by mutual consent, there is no objection. The matter of inheritances should be referred to the courts for investigation.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
80213
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