Is it permissible for the Consensual distribution of inheritance between heirs by mutual consent among the heirs is the subject of our article for today, this question is frequently asked by stakeholders to reduce the differences that arise during the distribution of inheritance and inheritance.
Therefore, we will provide a detailed answer to whether it is permissible to divide the inheritance by mutual consent.
We will explain the terms of mutual consent.
In addition to clarifying how to revoke the division after mutual consent, and we will mention the procedures for the division of the estate.
In the first paragraph of our article, we will answer whether it is permissible to divide the inheritance by mutual consent. Inheritance has a special science in Islamic law, which is “the knowledge of the obligations.”
It is one of the most important sciences, which is concerned with everything related to the legacy of the deceased and the inheritance that he left behind, including money, real estate, and others. Where it means dividing it among the beneficiaries of the heirs.
This is done through a disciplined process and an airtight system.
The aim of it is to give everyone who deserves his share of the inheritance and to work for justice in the division.
This is what God Almighty recommended in his Noble Book, and the simple part of the Prophetic Sunnah, to clarify the provisions of division.
The estate is divided after applying the rights of the estate, the first of which is the legal preparation of the deceased for washing and shrouding and making sure that his debts are paid out of his money. And also carrying out the wills left by the deceased, and then distributing the rest, if any, to the remaining heirs. In the event that the will of the deceased does not specify who will inherit the heirs. Thus, all family members are entitled to inherit equally, regardless of age and gender, whether male or female.
It is important to choose the appropriate mechanisms for the inheritors and the inheritance in a way that suits the smallness or the largeness of the inheritance, and numerous heirs or they’re few.
In this paragraph of our article, is it permissible to divide the inheritance by mutual consent, we will talk about the conditions for the division of mutual consent.
Since inheritance is the legitimate form of transferring money and property between successive generations of the same family.
That is, from the grandfather to the father to the grandchildren, according to customs and traditions, and also taking into account the religious aspect, and the considerations differ from one society to another.
Here, we will mention the most important conditions required for the Consensual distribution of inheritance between heirs:
In the event of death, the ownership of the owner is nullified, and it is transferred to the heirs of the family members, and here the heirs must follow the procedures required to implement the division process correctly. Any verbal agreement that is not in writing and is not recognized by witnesses is void.
In the absence of heirs, the competent court distributes all the property of the deceased to charitable societies and organizations.
There are several models for the division contract, and the most common and accepted form for the division of the estate contains four parts and is easy to fill in data.