Mufti Online — Madrasah Ta'leemuddeen

Getting married in C.O.P

· 13 Jumada II 1435 AH1 min readEnglish

Question

A couple was married in COP and the title deed of the house was on both their names because of the COP. The wife passed away without a will being made. The husband and 6 children are the surviving heirs. Do the heirs inherit Islamically from the house?

Answer

The law of Shariah is that each spouse is the sole owner of his or her property. The C.O.P contract contravenes this law of Shariah (i.e. the laws of inheritance). Distributing the inheritance according to the C.O.P contract is impermissible. Each heir will inherit according to the Shar'ee stipulated laws of inheritance.

And Allah Ta'ala (الله تعالى) knows best.

References (Arabic / Urdu sources)

فللزوجات حالتان الربع بلا ولد والثمن مع الولد … فللزوج حالتان النصف والربع (الدر المختار 6/770)

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/6360
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-6360

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