Do the sons, daughters, and wife inherit land that is disputed, if the deceased owned official documents proving his ownership of it, while others claim ownership of it by religious law without proof?
If the deceased leaves behind only a wife, three sons, and a daughter, the wife receives one-eighth as her prescribed share (fard), due to the existence of a inheriting offspring. This is based on the Almighty's saying: {But if you have a child, then for them [the wives] is one eighth of what you leave, after any bequest you [may have] made or debt.} The remainder goes to the sons and daughter by way of residuary inheritance ('asabah), with the male receiving the share of two females. The inheritance is divided into (8) shares: one share for the wife, two shares for each son, and one share for the daughter. As for the land in dispute, its matter should be referred to the courts. Matters of inheritance must be brought before the Sharia courts for investigation due to the existence of heirs, bequests, debts, or other rights that take precedence over the rights of the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 155949
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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