Are the remaining heirs obligated to compensate an heiress whose share was damaged due to two heirs' refusal to re-divide lands distributed by the father unlawfully?
It is permissible for a father to divide his estate during his lifetime, provided there is justice among the children. However, if the father dies having favored some children in a gift without the consent of the others, this unjust gift must be returned, and the estate must be divided according to Islamic law after settling debts. It is not permissible for the one who was favored to keep the excess. If some heirs refuse to redistribute, then what they have taken in excess of their lawful share is usurped wealth. The heirs must divide the remaining estate among everyone justly.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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