Is it permissible for a mother to file a lawsuit against her maternal uncle to reclaim land that was sold to her with a preliminary contract, then the grandfather registered it in the uncle's name, given her fear of severing kinship ties and the grandmother's anger?
A is not sufficient in matters of disputes; rather, the court or Islamic centers must be consulted. There is no sin in a person demanding their right, and they are not considered a severer of kinship ties by demanding it. What the deceased leaves behind in wealth is a right for all heirs, and it is not permissible for any of them to monopolize it without the consent of the others. A father's gift to one of his children is not valid without the consent of the others. If a child takes land unjustly, he may be punished for his injustice, and the father may also be punished for his injustice. Reconciliation and resolving the issue outside of courts is preferable to preserve kinship ties and affection.
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
- 130211
- 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.
- Read the full ruling
- Read the full answer on Ftawy