What is the ruling on a mother who procrastinates in dividing the inheritance and refuses the lawful distribution, and allies herself with her daughter against the males, exploiting her religious and social standing?
Disputes are settled in the courts due to their ability to hear from all parties in a conflict and issue a ruling, whereas a only hears from one side. It is established that a request for the division of an inheritance must be granted when made by one of the adult, mature heirs. It is advisable for the children to avoid conflict with their mother and forgo claiming their right to their father's inheritance to please her, as this is a complete form of filial piety. And whoever gives up something for the sake of Allah, Allah will compensate him with something better. If the children wish to divide the inheritance, they are entitled to do so. They can enlist the help of wise individuals to persuade the mother and her daughter to agree to the division, clarifying that they are not permitted to refuse it, and that giving the male twice the share of the female is what the Sharia requires. If they cannot be persuaded, the children can refer the matter to the Sharia judiciary, and this is not considered disobedience, while they strive to treat their mother kindly and gently to earn her satisfaction.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 185897
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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