Fair Distribution of Property: Daughters’ Right to Fertile Land
Question: My father distributed most of his property during his lifetime, leaving some for the mother and a portion of the daughters’ share in her name. Now the daughters want fertile land from the brothers, who are reluctant. Is it wrong for the daughters to ask for fertile land?
Answer: Distributing property during one’s lifetime, as described here, bypasses the Islamic inheritance rules, which come into effect only after death. Ideally, the father should have divided the property equally among all heirs and given the mother her rightful share separately.
If the initial division was agreed upon by all, it should be honored. Regarding the mother’s share, the siblings should discuss and document its division to prevent future disputes. It is recommended to involve an Islamic scholar for guidance, as understanding the full context requires hearing all sides.
As for the daughters requesting fertile land, it is not sinful, especially since they had previously agreed but now seek fairness. Such matters should be resolved amicably within the family with guidance from a scholar if needed.
Respondent: Sheikh Maqbool Ahmed Salafi Hafizahullah
Jeddah Dawah Center, Saudi Arabia
English Interpreter: Hasan Fuzail