Darul Iftaa Mahmudiyyah

Kindly comment on the above according to Shari’ah.

· 26 Shaʻban 1421 AH1 min readFatwa 1629English

Question

Zayd passed away leaving behind two (2) sons, Bakr and Amr and four (4) daughters. Bakr and Amr divided the property between them. The four sisters were not paid their shares. After many years, Bakr and Amr passed away. Their sons Abdullah and Abdur-Rahmaan (grandchildren of Zayd) reach an agreement in which Abdullah purchased Abdur-Rahmaan?s half share of the property.

Answer

Upon the demise of Zayd, his Estate which includes the property in question will be divided according to the Islamic Law of Succession and Inheritance. Bakr and Amr have acted incorrectly by dividing the property between themselves without the consent of their sisters. Therefore, the subsequent purchase and sale agreement between Abdullah and Abdur-Rehmaan is null and void. The property should revert to Zayd?s Estate and be distributed according to the Islamic Law of Succession and Inheritance. Should any heir be paid the value of his/her share, then the present market value should be considered.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/1629
Fatawa SA: https://fatawa.co.za/fatwa/askimam-1629

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