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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.

Answered according to Hanafi Fiqh by Askimam.org

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. Kindly comment on the above according to Shari?ah.

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
(Al-Mahmood 12)

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