Is the deceased wife's share of the inheritance calculated based on the current value of the house or its value at the time of division, in order to absolve the grandparents, especially with a dispute over the entitlement to this share?
A woman has the right to claim her mother's share of her husband's inheritance, and this right is not forfeited by the passage of time or the succession of generations. The son-in-law's financial support for her does not negate her right unless he explicitly states that it is not a donation, in which case it becomes a debt owed by him. The mother's share of the inheritance goes to her daughters, and if one of them dies, her share goes to her heirs. It is permissible, by mutual consent, to agree with the heirs to waive their share for a lesser compensation (known as takhāruj). If mutual consent is not reached, the matter must be referred to the court for a ruling.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/126729
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 126729
- 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