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Give up inheritance or estrange brother?

Answered by
Shaykh Faraz Rabbani, SunniPath Academy Teacher
Published
15 July 2005

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Question

If a woman and her brother are both heir to a piece of land given to them by their father (divided according to shariah), and her brother demands that she hand over half of her land (that is rightfully hers) or else he shall cut off his ties with her (i.e. her brother or her land), what should she do? Does the hukm governing relations deem her ties, or the acquisition of her inheritance to be more important?

Answer


Walaikum assalam wa rahmatullah,

Her brother is a wrongdoer (dhalim) in such a situation. She is under no expectation to give up her half: it would be proper to refuse such pressure, but without doing anything from her part to break ties. Then, if the brother breaks ties, it would be his sin, not hers.

Wassalam.

Faraz Rabbani

 

This answer was published by SunniPath and is preserved as written. Rulings can depend on circumstances; for your own situation, consult a qualified scholar.

Originally published by SunniPath (sunnipath.com).

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