Denying Females Their Share in Inheritance: Permissible?
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Denying Females Their Share in Inheritance: Permissible?

Questioner

Hadeer

Reply Date

Apr 03, 2018

Question

What`s the ruling on denying females their share in inheritance?

Mufti

Answer


Denying Females Their Share in Inheritance

In the Name of Allah, Most Gracious, Most Merciful. 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

Denying a female her share in inheritance is forbidden in the Shari`ah and it is an example of consuming wealth unjustly.


Answering your question, the General Iftaa’ Department in Jordan, states the following:

Allah, said, “O you who believe! Eat not up your property among yourselves in vanities: But let there be amongst you traffic and trade by mutual good-will: Nor kill (or destroy) yourselves: for verily God has been to you Most Merciful.” (An-Nisaa 4:29)

 In Islam, division of inheritance wasn’t entrusted to a Prophet or a Messenger; rather, Allah, Himself, has prescribed it in His Glorious Quran where He defined the share of each heir, and prepared a humiliating punishment for whomsoever transgressed that.

Allah said, “But those who disobey God and His Messenger and transgress His limits will be admitted to a Fire, to abide therein: And they shall have a humiliating punishment.” (An-Nisaa` 4:14)

 The Prophet (peace be upon him) said, “Allah decrees the (Hell) Fire and debars Jannah for the one who usurps the rights of a believer by taking a false oath.” One man asked: “O Messenger of Allah! Even if it should be for an insignificant thing?” He said, “Even if it be a stick of the Arak tree (i.e., the tree from which miswak sticks are taken).” (Muslim)

Accordingly, it is not permissible for any heir to deny other heirs their legitimate share in an inheritance, and this applies to females in particular, so it isn`t permissible to deny them any of their rights nor talk them into relinquishing their right in an inheritance while not fully content with doing so.

The Prophet said: ” It is not permissible to take the money of a Muslim except if he is fully content.” (Al-Bayhaqi)

We invite all Muslims to be mindful of Allah since He doesn`t bless unlawful wealth. The Prophet said, “This wealth is attractive and sweet. Whoever takes it without insisting, it will be blessed for him, and whoever takes it with avarice, it will not be blessed for him. He is like one who eats and is not satisfied. And the upper hand is better than the lower hand.” (An-Nasa’i)

Almighty Allah knows best.

Source: https://www.aliftaa.jo/Question2En.aspx?QuestionId=3370




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