What is the ruling of the Sharia regarding the refusal of the husband's family to divide land bequeathed by the husband to his wife and daughter before his death, and the postponement of the daughter's share from it for 18 years, despite the presence of witnesses and audio recordings proving the bequest?
This issue is one of dispute, and the arbiter in it is the Sharia court.
1. The father's will that the land be for his daughter and for the questioner after his death is a bequest to an heir, and it is not enforceable unless the rest of the heirs agree. Otherwise, the land is to be divided among them according to Islamic inheritance law. 2. The deceased's wife receives one-eighth if he has a lineal descendant, not one-quarter, based on the Almighty's saying: "But if you have a child, then for them [the wives] is one eighth of what you leave." And for a single daughter, she receives one-half, based on the Almighty's saying: "And if there is only one, she will have half." 3. No heir has the right to delay the division of the land or prevent other heirs from taking their due. Whoever does so is an oppressor, and their case should be brought before the judiciary. 4. The share of the minor child from the inheritance is managed by her father's appointed guardian if he designated one before his death. Otherwise, the matter is referred to the judiciary to appoint a guardian. Her mother does not have guardianship over her wealth initially without a will or judicial appointment.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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