Is one who refuses to sell the inheritors' house and insists on keeping his share sinful, while the rest of the inheritors wish to sell and obtain the money?
Resolving disputes concerning inheritance issues and shared rights is done by referring to the Sharīʿah courts or their representatives, as they are most capable of hearing from the parties to the dispute and issuing an accurate judgment, unlike a who hears from only one party. This is confirmed in matters of jurisprudential disagreement, such as the ruling on compelling the division or sale of shared real estate. Jurists stipulate conditions for compelling division, including: proof of ownership, absence of harm, and the possibility of adjusting shares without compensation. If these conditions are met, the reluctant party is compelled to divide; otherwise not. As for real estate that cannot be divided except with harm, its division is not permissible except with the consent of the partners. If one of the partners requests its sale and the other refuses, the reluctant party is compelled to do so, and the judge sells it and divides the price.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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