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The question

How should land inherited from a father be divided when its value decreases the closer it gets to the wadi stream, which causes damage to it? And would dividing it by monetary value, so that heirs are equal in value rather than area, while observing Allah’s saying: "For the male, what is equal to the share of two females," be considered contrary to Islamic law?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Issues on which heirs disagree should be referred to the court or discussed with scholars. It is permissible to divide land based on value rather than area if the parts are unequal in value. This type of division is called "equalization division" (qismat al-ta'dil). In this division, the value of each part is considered to ensure fairness, even if it leads to differences in the area of the parts allocated to each heir. For example, one-third might be made equivalent to two-thirds if their values are equal. If the parts are unequal and the shares cannot be adjusted except by valuation, then it is treated as a single entity with varying parts. In some cases, it may be necessary to use additional funds from outside the inheritance to adjust the shares.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
183163
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy