What is the ruling on the lands inherited by the questioner from her father, do her paternal uncles have a right to them, and what should she do to absolve herself, given the existence of a dispute among family members regarding the ownership of these lands?
Resolving disputes and conflicts — such as those related to inheritances — falls within the purview of the Sharia judiciary, not muftis. This is because a judgment requires hearing all parties to the case and understanding its circumstances. Therefore, one must refer to the Sharia judiciary to rule on such matters.
Nevertheless, we clarify some issues related to the question: 1. Simulated Contract: A simulated contract, whose true intent is not purposed, is not considered valid under Sharia. Thus, a simulated waiver of land without the intention of gifting does not transfer ownership. 2. Possession and Prescription: Mere possession and prescription are not considered a legitimate cause for the transfer of land ownership. According to the consensus of jurists, a right is not forfeited by prescription. 3. Ruler's Judgment: A ruler's judgment regarding mursala rights does not alter the intrinsic nature of a thing. If a ruler rules in favor of a claimant for money that is not rightfully theirs, that money does not become permissible for them intrinsically, and this is by the consensus of Muslims. 4. Claim of Purchase: Your mother's claim that your father purchased some of the land is not accepted under Sharia unless there is clear evidence or an acknowledgment from the rightful owners.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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