What is the key to solving the division of inherited unregistered land that has been seized by external parties, and a dispute has arisen among the heirs due to their waiver of their right, knowing that some of the heirs are within the occupied territories and some are outside?
The matter of inheritances is serious and complex, therefore it must be referred to the courts for investigation and for rights to be delivered to their rightful owners; a written is not sufficient.
The inheritance transfers to the heirs in common, and it is not permissible for any heir to seize any part of it without division. Whatever remains of it after any usurpation belongs to all heirs according to their legal shares, and if an heir dies, their share transfers to their heirs.
The defense of the occupied land by the resident heirs is a type of jihad. Registering it in the name of some heirs to preserve it does not mean legal ownership, as the land remains the property of all heirs.
The amounts spent by the residents to preserve the land with the intention of claiming them back from the heirs: they have the right to claim what pertains to the rest of the heirs from these amounts. As for the effort, it is a donation unless custom or agreement dictates entitlement to compensation.
It is necessary to promptly divide the inheritance to resolve disputes. An absent person can delegate another to complete the division process.
All heirs should attend to maintaining their kinship ties and mending their differences, treating each other with tolerance and assuming the best intentions.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 114122
- 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