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The question

Is the mother sinful if she refuses to divide the land in which the children shared, despite the customary council's ruling to divide it?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

It is not possible to definitively state that the mother is sinful in this case, due to a lack of knowledge regarding the details and justifications. However, generally speaking, it is not permissible for anyone to come between a person and their right to benefit from their property. Whoever does so is a usurper (ghasib). Usurpation occurs by establishing the hand of the usurper and removing the hand of the owner, and it is forbidden by the Qur'an, Sunnah, and consensus (ijma'). Allah Almighty says: {O you who have believed, do not consume one another's wealth unjustly but only [in lawful] trade by mutual consent} (Quran 4:29), and because the Prophet, peace and blessings be upon him, said: "The wealth of a Muslim is not lawful except by his willing consent."

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
185913
Imported
Translation status
Source text, unreviewed
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