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?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/19192
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 19192
- 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