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.
Consensual distribution of inheritance between heirs
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.
Is it permissible for the Consensual distribution of inheritance between heirs?
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.
Conditions of Consensual distribution of inheritance between heirs
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:
- That the adult heirs enjoy reason and maturity.
- In other words, they are adults, and no one can take a decision on their behalf, so they are good at disposing of money, and using it with an investment that is a good and beneficial investment, and their behaviour is legitimate.
- Satisfaction is real and not fake.
- This is done when the consent is completely sound, that is, in other words, that the heir is independent and free, and his interest is not restricted by this matter, such as if he is ill or in a state of bankruptcy.
- We assure to have a high degree of awareness.
- The heir must be aware of everything that is going on,
- not be deceived or deceived, or that his consent and consent is linked to another person, or subject to exploitation.
- Believing that God’s division is the most just and the best.
- This is the duty of every Muslim, the inheritor, to believe that the best division of God is the division of God Almighty, and far from his belief that the division of God is not appropriate for the time in which it is present, and that the rulings are old and do not apply to our time now.
- This condition, despite its ease of application, is the most important to ensure the validity of the division contract agreed upon between the heirs.
- In the event that these conditions are fulfilled, then there is no objection to the completion of the division of the estate, and thus reconciliation will take place between the heirs, which is what God Almighty legislated in the Holy Qur’an. Also, according to the Sunnah of his Prophet, may God bless him and grant him peace, the Mahdi is right.
- After the agreement of all the individuals, the consensual division of the estate is proven by the heirs, by writing a contract through a lawyer specializing in inheritance matters and the division of the estate.
The form and model of the contract 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.
- First: Fill in the data of the deceased such as the triple name, the name of his father and mother and his place of residence, in addition to the national identity number and date of issuance.
- Second: Fill in the data of the parties to the contract (the heirs) as mentioned above, including the full name, the name of the father and the mother, as well as the national identity number and the date of issuance for each of them.
- Third: Detailed description of all abandoned property and how to divide it.
- Fourth: And finally, the signing of the contract by all parties with the date of issuance of the contract, with the distribution of copies of it to each of their heirs.
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