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The question

What is the jurisprudential ruling regarding some heirs' refusal to sell a shared house, while the majority of heirs wish to sell it to settle the inheritance, and should the rent of the houses that have been utilized since the father's death be appraised and deducted from the beneficiaries' share?

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

The division of inheritance must be in accordance with Islamic Sharia. If the heirs agree on the division, there is no harm in that, and it is called "consensual division" (qismat taradin). However, if they disagree, they must resort to the Sharia court, which enforces the division, and this is called "mandatory division" (qismat ijbar). The judge can imprison anyone who refuses to divide until they comply. Justice must be observed in the division of real estate in terms of location and size, and it should be appraised at its price at the time of division, with its value then divided among the heirs according to each one's share. If some properties are rented out, their rent is divided among the heirs. If one of the heirs benefits from more than their share, it is deducted from their share in the estate.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
20779
Imported
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Source text, unreviewed
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