Is it Islamically permissible for the deceased's father to take possession of the house located in Algeria, given that the house is insignificant compared to the deceased's other properties, and considering the deceased's widow's monopolization of the properties and her application of a non-Islamic law?
The issue presented is a matter of dispute and contention, and such matters are to be referred to the courts. It is not permissible for some heirs to unilaterally take possession of any part of the inheritance without the others before a legally recognized division. The inheritance is not fully owned until the debts of the deceased are paid or the creditors are absolved. Therefore, we advise the questioner to ask his father to pay his son's debt, even if it means selling the house, or to ask his creditors to absolve him. If he pays the debt from his own money, he has the right to reclaim it from the heirs. Furthermore, the presence of a minor among the heirs prevents independent control over the house. Therefore, efforts must be made to reach an amicable agreement with the other heirs while preserving the rights of the minors.
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