Is it permissible to apply the principle of muhayah (arrangement/partition) in the distribution of inheritance based on the effort expended in caring for the parents, especially if some heirs reside abroad and did not contribute to the care of the deceased parents?
The reason for inheritance from the father is lineage, and all children are equal in lineage. Every heir receives their legally prescribed share regardless of their closeness or distance to their father. The hardships faced by children who are close to their father do not justify preferring them in inheritance, and no heir can be compelled to accept a division by usufruct without their consent.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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