Not Marrying for Fear of the Division of Inheritance

Question

The father of two girls had died earlier, and apart from the girls there was no son. His wife was still alive. Inheritance according to the Shari‘a is not customary in the Punjab, so the land and house that the husband left — his wife was their owner. After her death only the two girls now remain; they are of sound mind and adult. Their mother had engaged them to the sons of her brothers.

Answer

If the facts are as stated, then the maternal uncle’s intention is not right. The girls should not act on what the maternal uncle says; rather, they ought to marry in accordance with the Sunna. Then, if in legal terms the girls’ share is not given to them but goes to the paternal uncle, it is binding (lazim)

Source: Fatawa Mahmudiyya

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